The Question of Fault and its Impact on Maintenance / Support Payments

In theory, the question of fault in cases of adultery no longer exists in German law, but in practice many judges still continue to orient their decisions on maintenance and custody claims by who was unfaithful to whom first. Marriage, even without a written marriage contract, is still a contract that naturally comes with obligations. According to Section 1353 of the German Civil Code (BGB), spouses are responsible for one another. This responsibility does not automatically end with the divorce.

When determining the maintenance claims of the spouses against one another, the question of fault is an important factor, which is why using private detectives can still be useful even if you are already certain that your spouse is cheating on you. This is because the court-admissible evidence gathered by our Hamburg detectives serves as proof in the question of fault.

Surveillance of the Partner in Cases of Suspected Infidelity

While Schleswig-Holstein ranks first nationwide with around 24 divorces per 10,000 inhabitants per year, our Hanseatic city, with just 18 divorces, is at the bottom of the list (2013) – the main reason, however, is that Hamburg also ranks second to last in marriages (only Berlin has fewer). In many cases, infidelity is the main reason for divorce. During divorce proceedings, one party is often entitled to separation maintenance.

The betrayed spouse must demonstrate that they were interested in continuing the marriage and that the breakdown of the marriage was not their responsibility. It may be that relatives and acquaintances can confirm having seen the unfaithful spouse with his or her affair, but these statements are subjective, as a personal relationship to the betrayed spouse exists and therefore neutrality and objectivity can hardly be assumed. The detectives of Aaden Detective Agency Hamburg can document the spouse’s infidelity objectively and in a court-admissible manner through surveillance (person surveillance) of the individual concerned and thereby clarify the question of fault: info@aaden-detektive-hamburg.de. Ideally, of course, you should commission our Hamburg detectives before the separation occurs, as subsequent proof is significantly more difficult.

Proof of Undisclosed Income

In addition to the question of fault, it must also be determined who has to pay how much support after the divorce. Here, it must be clarified whether the ex-partner may in fact have more income than they state before the family court, in order to reduce their support obligations. Or, conversely, whether they should pay more than they have to because the ex-partner does not disclose a new relationship or secondary employment. Our private detectives from Hamburg also investigate your claims in these cases and provide you with legally usable evidence: +49 40 4223 6960.