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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1767
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My question relates to the UK and I am a British

Customer Question

Hi,
My question relates to the UK and I am a British citizen. I'm preparing to file for divorce based on adultery as I believe that I have collected indisputable evidence that my wife is having an affair.At first I began to have serious suspicions when I heard my wife having late night phone calls with a man which ended in "I love you" (I got close enough to hear what my wife was saying on the phone through stealthy movements and keen hearing). Then I decided to record her secretly and that's when I collected my indisputable evidence.I went away for a few days and while I was gone I allowed my computer to record all of the sounds in my living room. I recorded her side of a telephone conversation which proves her infidelity.My Questions:
a.) Do my recordings constitute anything illegal? Could I get in legal trouble by declaring that I have made such recordings?
b.) If my divorce ends up in court, will I be allowed to use the recording as evidence of adultery?
c.) In your opinion, do you think that presenting such evidence would be more helpful or hurtful to my case (in the event that we end up squabbling over the divorce or division of assets)?
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.
Hi, thanks for your question. The recordings would constitute a breach of her privacy and she may have grounds to pursue a civil claim against you - although this will be expensive for her. You cannot pursue a divorce under adultery if you have lived with her for more than six months after you have found out about it.In my opinion, it would be an easier route for you to pursue a divorce under unreasonable behaviour than adultery as it is easier for you to rely on what you have obtained.Whether you pursue it under unreasonable behaviour or adultery, the actual reasons for the divorce will not impact the division of assets unless there has been financial misconduct.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 9 months ago.
If she did pursue a civil claim against me (for breaching her privacy), what sort of penalty might be imposed upon me? Are we talking about a hefty financial penalty (please estimate to nearest £1000) or any sort of jail time? I need to know the risk.
Expert:  Harris replied 9 months ago.
She would need to prove that the breach of confidence resulted in the information being misued. The highest award given in a case of misuse of illegally obtained information is in the 10s of thousands, and to be honest it will be difficult for her to bring such a claim against you as the information is not misused by you.
Customer: replied 9 months ago.
No, I haven't used the information at all, let alone misused it. I will use it to tell her why I know, that is all. I might use it in court but only if my lawyer recommends me to do so.
Expert:  Harris replied 9 months ago.
Thanks - I still think the best option would be to apply under unreasonable behaviour as it is easier to prove than adultery and has no conditions - only that the marriage is irretrievably broken down due to the unreasonable behaviour.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank youPlease provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Expert:  Harris replied 9 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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