Divorce After Infidelity: Who Bears the Detective Costs?

The principle of fault in divorce proceedings has not existed since the 1970s. At that time, a marriage could only be dissolved if one of the spouses could be proven to have behaved culpably. Nowadays, the principle of irretrievable breakdown applies: if one spouse considers the marriage to have failed, it may be dissolved.

 

In practice, however, the question of fault remains important.

Is the Question of Fault Still Relevant in Divorce Proceedings in Practice?

Yes. If a couple does not pursue an amicable divorce, it is often still necessary to determine who bears responsibility for the breakdown of the marriage when assessing financial settlements and maintenance claims. Amicable out-of-court solutions are not always possible. A breach of marital fidelity is one of the most common grounds for divorce, usually meaning infidelity, that is, extramarital sexual relations with a third party. As a rule, however, an affair cannot easily be proven in a manner admissible in court.

 

If you can no longer bear the uncertainty of whether your partner is being unfaithful, you may instruct our detectives in Hamburg (+49 40 2320 5053). This naturally involves initial costs, but the good news is: if Kurtz Detective Agency Hamburg can provide legally admissible proof of the affair, the detective fees may be recoverable.

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Determining maintenance and financial settlement payments is, alongside the reasons for the separation itself, one of the most significant points of contention in divorce proceedings.

An Affair Can Be Costly

If our Hamburg private detectives are able to prove that you have been deceived by your partner, you may still have to cope with the emotional consequences of this discovery; however, the detective costs can be claimed by you during the divorce proceedings.

 

Even outside formal proceedings, the costs may be asserted as a claim for damages. You may recover all reasonable and customary expenses from your former partner, provided that, due to their breach of marital fidelity, they are considered responsible for the costs incurred.

Can the Affair Also Be Held Liable?

In neighbouring Austria, the following applies: claims may exist not only against the spouse but also against the so-called “interfering third party”. According to Austrian case law, a person who knowingly enters into an affair with a married individual may be held liable – including for detective costs. This applies even if the married partner claims to intend to end the marriage or is already separated. However, since the duty of marital fidelity generally applies only between spouses, it is often difficult to prove liability on the part of the third party. If the affair is unaware of the marriage, no liability arises.

 

In Germany, there is generally no obligation to ascertain a person’s marital status prior to engaging in a romantic relationship. For this reason, unlike in Austria, it is difficult or even impossible for private individuals to establish liability on the part of the third party without the professional assistance of a private detective agency. Moreover, such cost liability does not exist in Germany. In summary, such claims are therefore not possible under German law. Consequently, the focus of investigations by our Hamburg private detectives is solely on the spouse of our client and not on any involved third parties.

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In Germany, divorce proceedings concern the married parties; third parties, specifically extramarital partners, generally have nothing to fear from a legal perspective.

Note

Kurtz Detective Agency does not guarantee the accuracy or applicability of information on linked third-party websites.

Editor: Patrick Kurtz

 

Kurtz Detective Agency Hamburg

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D-20354 Hamburg

Tel.: +49 40 2320 5053

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