How will this affect private detectives, private investigators and private enquiry agents? Whatever you call them, any change is bound to affect them, but it is far too early to judge what the effect will be. It is only a proposal for consideration so far but, forewarned is forearmed and whether you are a private investigator or a potential client, it’s as well to be aware of what is being considered.
Divorce proceedings in England and Wales are governed by the 1973 Matrimonial Clauses Act. The Act requires that for a divorce petition to succeed a couple must have been legally married for at least one year. The only grounds for divorce are that the marriage has irretrievably broken down. There are two options for this. If, after being separated for at least two years, both parties agree to divorce the court can grant the decree.
If one party does not agree then the other must prove to a court’s satisfaction that their partner is at fault. That fault may only take the form of unreasonable behaviour, desertion or adultery involving a third party. This is where the services of a private detective are often called upon.
If there is no agreement and no fault can be established a divorce may only be granted when it can be shown that the couple have lived apart for at least five years. Where there is no co-operation on the part of one partner a private enquiry agent may be engaged by the other partner to find evidence of separation for that length of time.
For some time now pressure has been building for the law to be changed to simplify and speed up the process in these cases where no legal fault is being alleged but one partner refuses to co-operate. Now HM Government is preparing a consultation to examine the best ways to streamline the way to what are being termed, “no-fault divorces.” This will take the form of a public debate on the proposals which will be announced soon.
Everyone involved in matrimonial law, judges, lawyers, private investigators and potential applicants will be watching developments with great interest and it appears will have the opportunity to voice their opinion. Who knows, it may even be listened to!
It’s interesting to note that it’s different in Scotland. There, divorce is possible even within the first year. If both parties consent, divorce can be granted after only one year, not two as in England. If one party doesn’t consent the parties must live apart for just two years before a divorce can be granted and the dissenting party’s consent is then not required. Maybe it’s a case of English Law looking to catch up with that of Scotland.