Two thirds of lawyers say clients use private investigators to
check if their spouse is cheating, says Grant Thronton
More than two thirds (67%) of lawyers during 2007 had at least
one instance of a client using a private investigator to confirm or
deny their suspicions that their spouse was cheating, according to
new research issued today by Grant Thornton's Forensic and
Investigation Services practice*.
Of those that used a private investigator, in 64% of cases it
was women checking up on their husbands and in the remaining 36% of
cases it was men.
Andrea McLaren, head of Grant Thornton's London Matrimonial
practice, says: "Marriages are meant to be built on trust, yet this
figure shows this is not always the case, as more than two thirds
of lawyers had clients who have used a private investigator to
check if their spouse has been cheating on them."
"While it might seem like an extreme length to go to, people
just want to know the truth – even if it hurts," she continues.
"Jimmy Choo foundress, Tamara Mellon, was watched by private
investigators hired by her husband (Matthew Mellon) during an
acrimonious divorce in 2007. However, this is not just about the
rich and famous – this is about everyday people using means to
ensure they know if their spouse is being faithful," continues
McLaren.
Affairs are leading cause for divorce
For the fifth year in a row, extra-marital affairs was the main
cited given by couples seeking a divorce. During 2007, one third
(29%) of marriages broke down due to one partner being unfaithful,
down from 32% in 2006.
Of those conducting extra-marital affairs, in more than
two-thirds of cases (78%) it was men who played away, a significant
increase on 2006's figure of 69%. In the remaining 22% of cases it
was women who cheated on their husbands (down from 31% the previous
year).
"Despite how affairs are viewed from a social perspective, they
continue to be an ever present phenomenon, and have been the
principle reason for the deterioration of marriages since our
survey began five years ago," points out McLaren.
"As affairs continue to be the leading reason for divorces it is
little wonder that the use of private investigators continues to
grow," says McLaren.
However, for the first time since the survey began, the lawyers
surveyed identified that mid-life crises were the second most
common reason for divorces, with 14% citing this as the cause of
their clients' divorces, up from only 2% last year. In the majority
of cases (93%) it was men's mid-life crises that lead to the
divorce, with the remaining 7% of cases attributed to women.
Family strains were the third most common reason behind divorce,
with 11% of lawyers outlining that this was the key cause of the
marital break up of their clients.
Shopping for divorced
Divorcing through the English or Welsh courts is still thought
to be the most favourable place in the world for women to get
divorced, with an overwhelming 94% of lawyers surveyed believing
that women petitioning for divorce will receive the most favourable
settlement there. However, this is down from last year's result,
where 98% of lawyers thought women would receive the best
settlement in England or Wales. Of those remaining, 5% of lawyers
thought that women would stand the best chance in the USA and 1%
thought the South African courts would be more favourable.
However, 28% of lawyers suggest that men petitioning through the
Scottish courts will receive the best overall settlement - the
exact same figure as in 2006. Interestingly, France has become the
second most favourable country (13%), up from 12% previously.
Following closely behind is England/Wales and South Africa, with
10% suggesting men will stand the best chance for an overall
settlement there (down from 16% in 2006 and up from 4%
respectively).
"The balance appears to be shifting away slightly from the
English and Welsh courts as the most favourable place for women to
petition for divorce, with the USA receiving a more positive
reception than in the past. Given that pre-nuptial agreements are
not legally binding in the UK, unlike in the USA, would be one of
the prime motivators behind lawyers suggesting their clients
petition through the US courts," says McLaren.
"However, if you're a man looking for the best settlement, then
the results are somewhat more mixed, with Scotland remaining the
clear favourite, but France, England/Wales and South Africa are
bringing up the rear," she continues.
International implications
Nearly one third (31%) of all divorces in England and Wales
involved the division of assets from outside the UK, up from 21%
the previous year. In addition, one fifth (21%) of divorces
involved one of the divorcing parties being a foreign national, up
from 18% in 2006.
"Given the ease with which people can buy assets abroad, set up
offshore accounts or move between countries, it is not surprising
that the number of divorces with international implications
continues to grow," concludes McLaren.
* Grant Thornton's fifth annual survey canvassed the opinions of
100 of the UK's leading matrimonial lawyers