Divorce Property Settlement Preparation, Private Investigator Investigations
Private investigators are used by the private person, solicitors, lawyers, and barristers, to prepare for court. We are experienced, phone 1300 966 103, email email@example.com or for 24/7 inquiries Contact Us. Free quotes. Experienced private investigators to assist with preparing for a property settlement in the Federal magistrates Court, the Federal Circuit Court, the Family Court (different names, same basic court).
You generally have 12 months after your divorce to apply to settle the property, and two years after a de facto relationship finishes (Court information). You may make arrangements between yourself, you may go over the 12 months, and have to apply for special permission to proceed to court. You may need the Family Court to ratify a private agreement. You may need to appeal to the court to overturn a decision, where you find the other party lied, and failed to disclose assets.
You may use a private investigator when you first suspect an affair, to establish what is happening, and gather proof. Private investigators are also used after the divorce, to assist in gathering evidence to support a property claim, or in the related areas of child custody, and access.
A private investigator has six basic roles, in a divorce property settlement. They may be instructed by the person, or their solicitor, to search for a party who has departed for parts unknown, to avoid being served. The private investigator may be instructed to gather evidence of a parties access to, or use of a property (or how they have improved a property), for example if someone is claiming to reside somewhere alone, and in fact the property is rented out to others (earning an income, and not the primary residence), or a property is listed for its unimproved value, where in fact the house has just been renovated.
The private investigator may gather affidavits, and evidence, to support a claim of 'in kind' contributions to a relationship (such as attending school functions, teacher interviews, sporting events, cooking, cleaning, preparing everything for the other party who is working), or for some actually working and looking after the children at the same time. There are times when we take claims, in an application, which are incorrect, and look for the evidence to show that the claim is less than honest. We have assisted to make case law in relation to this area.
The private investigator may be requested to research assets, and phoenix structures, or physically search for hidden assets, where assets are moved around.
Where a pre-nuptial agreement exists the private investigator may be requested to conduct investigations to show that a party to the agreement (the husband, the wife) is breaching the terms of the agreement (e.g. having an affair), which would reduce the amount of compensation to be paid. This is often done by a period of surveillance.
Whilst most divorce property settlement preparation is simply about obtaining evidence of the contribution made, or the true situation with regards assets, it can become intermingled with custody of children, or access, where one party attempts to use custody or access as leverage to gain what they want from the settlement. This occurs on a regular basis. For some this becomes another area where they seek to control the other party to the relationship, even after it ends. When you need assistance to prepare for a property settlement, when you are going through a divorce, call us for assistance.
If the writing is on the wall for a relationship, consider gathering all the evidence of assets (copies of documents, business details, bank details, income, assets) you can, before the separation, as after the split the other party may be less willing to disclose things.