Establishing unreasonable behaviour – is an enquiry agent or private detective necessary ?

Should you bring in an enquiry agent or private detective?

Forget about proving adultery. (Getting a divorce on that ground is a mistake and the judge is not interested, even though it might make you feel better).

You can, however, use an enquiry agent to investigate your spouse’s lifestyle, such hidden money or cash receipts

The financial process starts with Form A, and the judge lays down a strict timetable ordering each party to give full disclosure and information to the other. This has to be full and truthful i.e. full disclosure holding nothing back.

Supposing for example there was an asset such as a bitcoin or money expected from a private wager or deal or a “Thank you”. It all has to be disclosed, even if it is not covered by the Form E. There is also a duty of ongoing disclosure, so if, for example, you inherit some money you have to disclose, it even if it is after the form E.

Enquiry agents and Private Detectives are excellent in uncovering hidden assets ex-policemen are often involved, but the detective/enquiry agent must keep within the law or both he/she and you can be in trouble.

If you get information that has not been obtained lawfully the judge might not allow you to read it or use it and you could end up in trouble with the police.

Definitely get expert legal advice before instructing an enquiry agent, not least because you cannot recover the costs of paying them even if the information is golden.

 

Unreasonable behaviour

There is no need to be cruel but the Petitioner has to say something. Examples might be:

 

  1. Since about (date) the Petitioner and Respondent have ceased socialising together, have no common interests and effectively live separate lives.

 

  1. The parties frequently argue and are not able to resolve differences. This causes the Petitioner distress.

 

  1. The Respondent refuses to let the Petitioner work criticises her in front of the children.

 

  1. The Respondent drinks alcohol to excess and when drunk is regularly verbally or physically abusive to the Petitioner.

 

  1. On (date) the parties had an argument and the Respondent kicked a door and called the Petitioner “silly bitch”. The police were called.

 

  1. The parties have since about (date) slept in separate rooms and the Respondent refuses physical intimacy.

 

  1. The Respondent is addicted to gambling and has sold family possessions to feed his gambling habit to the distress of the Petitioner.

 

  1. The Respondent refuses to discuss finances with the Petitioner, has recently run up large credit card bills.

 

  1. The Respondent has been involved in an inappropriate relationship with a third party who the Petitioner does not wish to name.

 

 

This does not amount to conduct which has an impact on money but should give you the general idea of how to get the divorce making the points forcefully clearly but not going over the top.

Drafting these particulars can impact on disputes involving money or children and therefore expert advice should be taken.

 

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