Accueil > Individuals > Marital and family affairs > Pacs / Free Union
Can THE PACS or the free union be investigated by a private investigator?
Whatever the status of the spouse(married,pacsé or concubine) the spouse can call on a detective to look after the loyalty of the individual sharing his life.
In addition, during a separation between two spouses (whether they are married, separated, or common-law spouses), the use of the private investigator can be useful in collecting different evidence of a partner’s fault.
All of the Prometheus Group’s private investigators specialize in evidence-finding and PACS investigations.
All of the observations collected are the subject of a report of investigation that can be produced in court.
The PACS (Civil Solidarity Pact) is a contract established between two people with more than the majority.
This contract allows couples to establish their life together through tax and social consequences.
Indeed, couples who are separated owe themselves material help as well as reciprocal assistance.
The pacs also engenders an obligation of common life between the two individuals.
Finally, the partners are grouped under the same tax household which impacts the declaration of income, inheritance tax, the reduction and reduction of donation duties, the tax on real estate assets.
Formerly known as “cohabitation,” the common-law union refers to two unmarried, unmarried individuals who live together and have a child together. Cohabitation is defined in section 515-8 of the Civil Code and therefore makes the intervention of the private investigator legitimate.
The law then defines partners as common-law spouses.
However, they are not married and therefore do not have the following benefits:
Since partners do not enjoy the protection offered to married couples, separating spouses must agree (where possible) on:
If the ex-spouses are unable to reach an agreement, it is possible to go to the Court to resolve the various aspects inherent in the separation.
As the Pacs is a contract between two partners, any breach of the obligations of this contract, which are the cause of harm, must be repaired through damages.
The issue of fidelity in the PACS can sometimes seem a blur.
An order issued on 5 June 2002 by the Lille High Court clarified this point: “That it derives from Article 515-1 of the Civil Code an obligation of common life between partners of a Civil Solidarity Pact, which must be faithfully implemented.
The duty of community of life requires sanctioning any form of infidelity between partners. That the breach of the obligation to live together justifies a procedure in terminating PACS to the wrongs of the offending partner. »
There is, therefore, a duty of loyalty for the partners who have been married.
As a result, a partner who is the victim of infidelity on the part of his spouse can call in a private investigator to gather evidence of this infidelity.
This evidence will assist him in obtaining damages in light of the harm caused by the spouse’s fault.
With regard to compensatory benefits in the context of a breakdown of a pacs, these are directed only towards the assistance and education of common children.
It is when the breakup has been abusive, brutal or offensive the judge can award damages.
If you are a separation spouse, you can use our services to collect the various evidence of the harm you have suffered.
In addition to damages, the subjects of separation of property, custody of children may be impacted by the evidence provided with the help of the detective.
Common union is a free union, so it can be broken freely at any time.
Because of this lack of contract, adultery cannot be criminally sanctioned. For a concubine it is therefore not possible to claim damages in this context.
However, if the concubine is the victim of an abusive break-up and has suffered moral, physical or financial harm related to a partner’s fault, he may go to the common law in order to bring civil proceedings for damages.
In order to gather evidence of this harm, the victim’s partner can call in a private investigator. Nevertheless, it is important to note that a simple case of infidelity cannot constitute fault.
If a married couple owes “respect, fidelity, recourse, assistance”, this duty is not the responsibility of the concubines.
The appointment is made by a licensed private investigator of the Prometheus Group:
This appointment is neither paid nor time-limited.
The private investigator will take the time necessary to listen to you in order to gather all the information necessary to put in place a strategy tailored to your needs.
The strategy will be offered to you based on the information received,the type of mission and the location where it should be carried out.
However, the strategy will be:
This strategy will be offered to you via a mission mandate containing different otpions.
Once the proposed warrant has been duly signed, the private investigator assigned to your investigation will work with you to:
Then the mission will be carried out in accordance with the laws in force. During the mission, the private investigator responsible for carrying out the mission will keep you informed of the progress of the mission.
An investigation report will be provided at the end of the mission.
That will be:
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