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What evidence can be used during divorce proceedings?
During divorce proceedings you will be required to give evidence to support all information and claims you make.
When applying for a divorce, you will need to provide proof that your marriage has irretrievably broken down for one of the following reasons:
• Unreasonable behaviour
• Two years separation with your spouse’s consent; or
• Five years separation, whether your spouse consents or not
The evidence and documentation you provide will be used to prove your grounds for a divorce and help to fairly divide assets and make important decisions regarding custody and maintenance costs for any children involved in the case.
Types of evidence that may be required to support your case
• Bank statements
• Tax returns
• Salary information
• Details of property owned
• Details of assets owned
• Details of any debts
• School records
• Your child’s medical records
Reasons for divorce (eg. domestic violence or adultery)
• Text messages
• Social media posts and messages
As well as physical documentation and evidence, you may also provide evidence verbally through your own testimony and witness testimonies by friends, family and experts.
Hearsay is not acceptable as evidence.
What should not be included as evidence?
• Confidential documents/letters obtained without permission.
• Private emails, social media messages and text messages obtained without permission.
Intercepting confidential letters or communications and hacking into a person’s private digital accounts is illegal, so any evidence obtained this way cannot be included in proceedings.
You can, however, include any physical or digital communications that you have received yourself.
All of your evidence should be given to your solicitor during the preparation of your case so that it can be included in your exhibit list and properly introduced during the court case.
For further help or advice with divorce law or beginning divorce proceedings, give our team of family law solicitors here at Lund Bennett a call on 0161 927 3118.