Can a Private Investigator Help with a Divorce Case?

Can a Private Investigator Help with a Divorce Case?

Short answer: Yes. Private investigators are regularly instructed to gather evidence in divorce and separation cases across the UK. Common tasks include documenting a spouse’s behaviour through lawful surveillance, tracing hidden assets, verifying financial disclosure, and gathering evidence that can be presented to a court or used in mediation. The evidence must be obtained lawfully to be admissible.

When People Hire Investigators for Divorce Cases

Most people who contact an investigator about a divorce case fall into one of three situations:

Suspected infidelity. While adultery alone is no longer needed as grounds for divorce following the introduction of no-fault divorce in April 2022, evidence of infidelity can still be relevant to financial settlements, child custody arrangements, and the overall picture presented to the court. Some clients simply want to know the truth before making decisions about their marriage.

Hidden assets or undisclosed income. In financial proceedings during a divorce, both parties are required to provide full and frank disclosure of their assets. Some people try to hide money, undervalue property, move assets to relatives, or conceal income streams. An investigator can trace these hidden assets and provide evidence that the financial picture is not as it has been presented.

Child welfare concerns. If a parent believes their children are at risk when in the care of the other parent, whether through neglect, exposure to unsuitable people, drug or alcohol use, or unsafe living conditions, surveillance evidence can document what is actually happening when the children are with that parent.

What an Investigator Can Do

Surveillance. An investigator can lawfully observe and record a person’s movements and activities in public places. This includes photographing them with another person, documenting visits to specific locations, recording their daily routine, and noting inconsistencies between what they claim and what they do. Surveillance evidence is one of the most common forms of evidence used in matrimonial cases.

Asset tracing. Investigators can search public records, company filings, Land Registry entries, overseas property databases and financial indicators to identify assets that have not been disclosed. This work often uncovers directorships, property holdings, vehicles and business interests that one party has tried to keep hidden.

Background checks. If concerns exist about a new partner’s background (particularly where children are involved), an investigator can check criminal records, financial history, previous addresses and known associates. Background checks provide factual information that can inform custody decisions.

Lifestyle analysis. When one party claims they cannot afford maintenance payments but appears to live well, an investigator can document their actual lifestyle: the car they drive, the holidays they take, the restaurants they visit, and the property they occupy. This evidence can challenge claims of limited means.

Cohabitation evidence. If spousal maintenance depends on whether the receiving party has formed a new cohabiting relationship, surveillance can establish whether a new partner is effectively living at the same address.

What an Investigator Cannot Do

There are clear legal limits. An investigator cannot:

Enter a private property without permission. Access personal email, phone messages or social media accounts belonging to the other party. Intercept phone calls or install recording devices in someone else’s home. Obtain bank statements, medical records or other private documents without lawful authority. Record conversations without at least one party’s consent in circumstances where there is a reasonable expectation of privacy.

Any evidence obtained through unlawful methods will almost certainly be ruled inadmissible in court and could expose both the investigator and the client to criminal prosecution or regulatory action.

Working with Your Solicitor

The best results in divorce cases come when the investigator and the client’s solicitor work together. The solicitor knows what evidence the court needs and in what format. The investigator knows how to gather it lawfully. This coordination ensures that the evidence collected actually serves a purpose in the proceedings rather than being interesting but irrelevant.

Many solicitors regularly refer clients to investigation agencies and are comfortable working alongside them. If your solicitor has not suggested using an investigator, you can raise the idea yourself. Alternatively, you can instruct an investigator directly and share the results with your solicitor afterwards.

Admissibility of Evidence

For evidence to be useful in court proceedings, it must meet certain standards:

It must have been obtained lawfully. It must be relevant to the issues before the court. It must be presented in a clear, professional format (typically a written report with supporting photographs, video or documents). The investigator must be prepared to attend court and give evidence if required.

At UKPI, all evidence reports are prepared to court-standard format. Our investigators are experienced in giving evidence and can support your solicitor through the court process. See our legal support services for more detail.

Cost and Duration

A typical matrimonial surveillance case involving three to five days of observation costs between £1,000 and £3,000, depending on the complexity and the number of operatives required. Asset tracing and background checks are usually quoted as fixed-fee work, with costs varying depending on depth.

The investment is often justified by the financial outcome. Uncovering hidden assets worth tens or hundreds of thousands of pounds makes the cost of the investigation a fraction of what is at stake.

For a confidential discussion about your divorce case, call UKPI on 0800 043 1754. All consultations are private and without obligation.