Determination of adultery with bailiff
Adultery was removed from the criminal code in 1987 and is therefore no longer a criminal offense. Until September 1, 2007, Article Art. 229 § 1 of the legislation “Either spouse may seek divorce on the basis of adultery committed by the other spouse.” this was then replaced by “Divorce is pronounced when the judge finds that the marriage has been irretrievably broken up. The marriage is irretrievably broken up when the continuation of the cohabitation between the spouses and their resumption has become reasonably impossible as a result of that breakdown.”
In the event of divorce, adultery can therefore still count as a way of demonstrating the lasting breakdown of marriage. In this way, the divorce proceedings can be initiated or a claim for maintenance payments can be contested. In the event of adultery, the injured party can obtain divorce fairly quickly.
The procedure (with bailiff)
- A lawyer submits a petition to the president of the district court of first instance for adultery.
- With this authorization received, the lawyer can contact a bailiff to make the factual determination.
- A detective can determine when these determinations can best be made.
- The actual adultery is determined between 5 am and 9 pm by the bailiff together with a locksmith and assisted by the police.
- The court bailiff makes a note of the indications of adultery when caught and passes these on to the injured party’s lawyer.
After the divorce?
Even after the divorce procedure has been completed, determining the address of residence may still be relevant. If your ex-partner no longer resides at his / her official address, this may have consequences for the maintenance fees that you pay. When he / she actually lives with a new partner, you can challenge the maintenance fees that you pay.
Why a private investigator?
Since it concerns a one-sided procedure of which the adulterer is not aware, there is only one chance of executing a catch. It is therefore important that the bailiff is called at the right time to carry out the capture.
Detective agency Bayo makes several detections per year. We are therefore aware of how the procedures work and can work well with the bailiff and your lawyer in order to act correctly and at the right time.