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27 April 2007
Issue: 7270 / Categories: Legal News , Divorce , Family
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I spy with my private eye

Extramarital affairs are up, prompting a huge rise in the use of private investigators by divorcing couples to confirm fears that their other half was cheating on them, family lawyers report.

The numbers using snoops to catch out their unfaithful spouses shot up to 49% of all divorcing couples in 2006, compared to just 18% in 2005, according to Grant Thornton Forensic and Investigation Services practice’s fourth annual survey of 100 of the UK’s leading family lawyers.

The survey showed that women were nearly twice as likely to use such a service to check up on their spouse than men—unsurprisingly, perhaps, given that in two thirds (69%) of cases it was men who played away.

According to the lawyers surveyed, the stated reason for marital breakdowns in the UK in 32% of cases was due to one partner having an affair during 2006, up from 29% in 2005 and 27% in 2004.

Behaviour was blamed for marriage breakdown in 17% of cases, followed by family strains in 8% of cases and decisions of a personal nature in 4% of instances.

Only 4% cited emotional and physical abuse as the reason for their divorce, down from 12% in 2005.
Andrea McLaren, head of Grant Thornton’s London matrimonial practice says one of the survey’s most surprising results was the fall in the number of couples who tried to hide assets from their estranged spouse. In 2006, only 10% of couples did so, down from 16% in 2005.

She says that given the House of Lords’ judgment in the Miller and McFarlane cases, this figure was expected to increase as spouses tried to keep assets out of the pot of wealth which the courts can carve up.
McLaren says that possible reasons for the decline could include the sophisticated forensic techniques now available to search for such “hidden” assets.

However, she adds that it could simply be due to the fact that women today have a stronger awareness of and involvement in their financial affairs than in the past.

Issue: 7270 / Categories: Legal News , Divorce , Family
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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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