In the context of a divorce, the fields of competence of the senex private investigator firm are wide.
Firstly, the agency can prove the fault of the other party, especially adultery, then, it can intervene on the pecuniary issues concerning the compensatory allowance and the alimony.
Finally, the investigation reports of senex investigator firm can help to get child custody.
Divorce for fault
Since 2017, it is possible to divorce without appealing to a judge, and the trend for a long time is to divorce with a non-litigation procedure.
However, a divorce for fault remains unavoidable when the financial stakes are high and the spouses are in open conflict.
The statistics of the Ministry of Justice mention a slight rise in litigation divorces in 2017: 56 794 contentious divorces were pronounced, an increase of 2.04% (comparé a quand?). In addition, divorce for misconduct represents 13.5% of contentious divorces.
The average length of divorce proceedings is 18.7 months, and this period is reduced to 4.4 months in a divorce by mutual consent.
Finally, if the average length of a marriage is 16.5 years in 2017, the average age of spouses at the date of divorce is 45.3 years for women and 48.2 years for men.
The concept of fault in the context of a marriage is defined by the Article 242 of the Civil Code which specifies that it is a “serious or renewed violation of the duties and obligations of marriage” which renders “intolerable the maintenance of common life. “
Jurisprudence has fixed cases of misconduct over time. They are numerous and it is possible to evoke adultery, the practice of a religion imposed on the family, or the abandonment of family housing, for example.
Adultery is therefore the most known and common fault for justifying a divorce petition, and the private detective is a major player in his demonstration.
On the basis of the information provided by the deceived husband, the senex private investigator firm carries out surveillance and shadowing of the suspect spouse.
At the end of the investigation, a detailed investigation report is drawn up and communicated to the client’s lawyer. This report contains the photographs taken during the shadowing, and can be produced, in court in order to prove the faults of adultery, and to defend the interests of the deceived husband.
The compensatory allowance is one of the major issue in a divorce, especially when the couple’s assets are important, and even more when there is a great disparity of income between the spouses.
The spouse who enjoys the most comfortable work situation generally tries to minimize his income and wealth. This is especially the case when he is a business owner, whether his assets are shares, his partner’s current account is very active …
The intervention of an investigative professional then becomes necessary, in order to carry out a financial investigation on the assets and revenues of the opposing party.
Alimony is also an important monetary issue in a divorce. It benefits the children even though it is paid to one of the parents and, unlike the compensatory allowance, it is not paid in the form of capital but under monthly payment.
In the same way as for the compensatory allowance, the senex investigator firm is asked to carry out financial surveys to determine the hidden income and assets of one of the spouses.
Once these financial elements have been assessed with certainty, the negotiation on the alimony to be paid becomes more advantageous for the party who benefits from it.
Note that an alimony can be revised. For example, in 2017, of the 48,979 juvenile post-divorce decisions, 41% of decisions involved the determination or modification of child support.
Child care is probably the most important thing for each parent. The filial relationship they have had with their children is unique and each parent wants to preserve it no matter what.
Thus, the senex investigator firm intervenes to provide evidence that a parent does not have the necessary qualities and responsible behavior to take care of children: risky behavior, unstable and dissolute life, disinterest for children, life professional too time consuming …
Lastly, in 2017, of the 48,979 post-divorce decisions concerning minor children, 44% concern the modification of the exercise of parental authority or habitual residence. It is therefore possible to revise childcare conditions at any time.