PRIVATE investigator Charles Land is warning proposed changes to family law could make proving who is living with whom increasingly important when unmarried couples split up and subsequent financial claims are made.
Charles, founder of the South West-based private investigation company SPI Surveillance, Protection & Investigation, believes evidence of cohabitation could become increasingly significant following the Government’s recent consultation, ‘A Fairer End to Relationships’, which includes proposals to introduce new financial rights and protections for eligible unmarried couples when they separate. This has been labelled one of the biggest
changes to family law in England and Wales in decades.
“If this consultation brings about legal changes, it could be that my team and I are busier than we’ve been with clients around their relationships. With the introduction of ‘no fault’ divorces in 2022, some of the work we did became unnecessary as couples didn’t have to ‘prove’ infidelity however this could now change for eligible unmarried couples.
“Currently, couples who live together without marrying or entering into a civil partnership do not have the same rights for dividing their finances as married couples going through divorce – unless they have some kind of legally binding agreement in place. If this changes then the burden of proof could become greater.”
The Government is considering changing this by creating a new statutory framework for eligible cohabitants, although the proposed rights would still be narrower than those available following divorce between married couples. The aim is to still set marriage apart from unmarried couples.
The consultation, which closed last month (August), suggested that eligibility could include adults in committed romantic relationships who have lived together for at least three years, or couples who live together and have a child. It also suggested changes to inheritance rights.
Charles believes this could make evidence surrounding the nature and duration of relationships much more important when former partners disagree over their financial circumstances.
“If new rights depend upon whether people have been cohabiting and for how long, there has to be a way of establishing the facts when those circumstances are disputed. Someone may say they are simply spending time at another person’s home while their former partner believes they are actually living there. That distinction could potentially become financially significant,” said Charles.
For private investigators, establishing whether someone is genuinely living at a property can involve gathering lawful evidence over a period of time to establish patterns rather than relying upon a single sighting. Charles and his team have dealt with relationship investigations several times where evidence that a former partner had entered a new relationship or was sharing a home became relevant to an ongoing financial dispute.
In one case, his client was seeking to resolve his financial interest in a property following the breakdown of a relationship. The circumstances of his former partner’s new relationship and living arrangements became relevant as the parties attempted to resolve their respective financial positions.
Charles believes cases involving property and other assets could become an increasingly important area of investigative work if the Government proceeds with reforms following its consultation, even though making these changes into law may take some time. Around 3.5 million couples now cohabit without being married or in a civil partnership, more than double the number 30 years ago.
“There can be a huge difference between what somebody believes is happening and what can actually be demonstrated with evidence. If the law changes so that the length and nature of cohabitation can determine whether somebody qualifies for financial protection, evidence could become critical,” Charles said.
“Private investigation is not about making assumptions about somebody’s personal life. It is about establishing facts lawfully and providing evidence which can be considered by the appropriate legal professionals and, where necessary, a court.”
The Government’s A Fairer End to Relationships consultation also considered reform of financial remedies on divorce and inheritance rights for unmarried partners. Its intention is to make the financial consequences of relationship breakdown clearer while maintaining marriage as a distinct legal status.
For Charles, any resulting legislation could mean family lawyers and their clients need to think differently about the evidence required when financial arrangements are disputed, including evidence of cohabitation and the tracing of property and other assets.
Veteran Charles set up his company in 2018 after several years’ of experience working for others. He and his team offer professional private and legal investigation services to private individuals, businesses and legal professionals, including surveillance, relationship investigations and asset tracing. For more information, visit https://spi.world/