Detective costs

Sometimes, the only way to catch an unfaithful spouse is to hire a detective. This can incur considerable costs. These costs can be claimed as damages.

In practical terms, detective costs can be claimed in two ways:

• As so-called ‘pre-trial costs’, they can be recorded as reimbursement of costs. This is done at the end of the divorce proceedings in the bill of costs submitted by the solicitor. The detective's invoice must be enclosed.
• Or they can be claimed ‘independently’ of divorce proceedings (which may also be conducted at the same time), because a spouse whose marriage is disrupted by their partner's extramarital relationship with a third party has a general interest in clarifying the facts, regardless of whether they wish to take legal action.

According to case law, not only the guilty spouse, but also the so-called ‘marriage wrecker’ can be liable for the detective's fees.

However, there are limits to the surveillance of the unfaithful spouse and thus the possibility of obtaining compensation for the detective's fees. Legal advice is therefore strongly recommended.

Case Law