Learn how cohabitation investigations and post-nuptial agreements can protect your financial interests by revealing crucial evidence and outlining asset division.
Cohabitation Investigations
Cohabitation investigations determine if a person receiving alimony or child support payments is living with a romantic partner. Typically initiated by the payer, these investigations aim to prove that the recipient’s circumstances have changed, potentially negating the need for continued support payments.
Purpose
The main goal is to collect evidence that the recipient is living with a romantic partner in a manner similar to that of a married couple. This evidence can then be used to request a modification or termination of support payments.
Investigation Methods
- Surveillance: Observing the recipient’s daily activities to gather evidence of cohabitation.
- Interviews: Speaking with the recipient, their partner, and others who may have knowledge of their relationship.
- Records Search: Examining public records, such as property, utility bills, and phone records, to determine shared residence or assets.
- Social Media: Reviewing social media profiles for evidence of the relationship.
Professional Conduct
Working with a professional investigator is crucial. They should have the experience and resources to conduct effective investigations while complying with local laws and regulations. It’s important to remember that cohabitation alone does not guarantee termination or modification of support payments; the court will make the final decision based on how the situation affects the recipient’s needs.
Post-Nuptial Agreements
What is a Post-Nuptial Agreement?
A post-nuptial agreement, or postmarital agreement, is a legal contract made by a couple after marriage. It outlines how assets and property will be divided in case of divorce or separation. It can also address spousal support, child custody, and support issues.
Key Points
Difference from Prenuptial Agreements: Prenuptial agreements are signed before marriage, while post-nuptial agreements are signed after.
Usefulness: They are helpful for couples who didn’t sign a prenuptial agreement or experienced significant changes in circumstances, such as increased wealth, the birth of a child, or a change in employment status.
Legal Requirements
For a post-nuptial agreement to be legally binding, it must be fair, voluntary, and involve full disclosure of assets and liabilities. Each party should consult with their own attorney to ensure their rights are protected.
Investigating Cohabitation and Post-Nuptial Agreements
The Grafton Group investigators typically handle cohabitation and post-nuptial agreement investigations. They gather information through surveillance, interviews, and records searches. Usually, the payer hires them to conduct the investigation.
In some child custody or support cases, the court may appoint an investigator. These investigators might be from government agencies like child support enforcement agencies or child protective services.
Legal and Ethical Considerations
Evidence collected during cohabitation investigations must be obtained legally and ethically to be admissible in court. Investigators must comply with all relevant laws and regulations, including privacy laws, and avoid illegal or unethical methods.
Working with a professional investigator who understands the legal requirements of the jurisdiction is essential to ensure the investigation’s effectiveness and compliance with the law.