Suspecting adultery brings anxiety and uncertainty. You want clarity, but also evidence that will hold up in any legal proceedings. Since the law changed on 18 May 2024, private investigation in Belgium is strictly regulated. As experienced private investigators at Grey Investigations, we know exactly what is legally admissible and how to work discreetly. This guide explains which types of evidence the court accepts and how to avoid pitfalls.
Since 18 May 2024, private investigation in Belgium has been thoroughly reformed. The new law imposes strict conditions on private investigators, but also provides clarity about what is and is not allowed. For proving adultery, this means that only evidence obtained lawfully will be accepted by the court.
Specifically, every investigation assignment must be reported in advance to the competent authority, and the investigator must respect the principles of proportionality and subsidiarity. This means that the intrusion into the privacy of the persons involved must not be disproportionate and that there must be no less intrusive way to gather the evidence. As a client, you are therefore protected against unlawful practices while still being able to uncover the truth.
Not every piece of evidence you collect will be accepted by the judge. The court assesses whether the evidence was obtained lawfully and whether it is relevant. Below we list the most common types of evidence that do hold up.
Observation reports from a licensed private investigator: a detailed, dated and objective report of on-site findings, drawn up by a registered detective, has high evidentiary value. The investigator may observe on public roads and in publicly accessible places, as long as they do not enter private property without permission.
Photos and videos: visual material is powerful, but must be used with caution. Images taken on public roads are generally admissible. Note: secretly filming inside a home or hotel room is absolutely prohibited and produces inadmissible evidence. Our investigators know exactly where the line is.
Witness statements: statements from third parties, such as neighbours or acquaintances, can be used, but the judge will critically assess their credibility. An objective observation report from a professional investigator usually carries more weight.
Digital traces: phone data, GPS locations and messages can be relevant, but hacking accounts or installing spyware is a criminal offence. Evidence you obtain illegally can also be used against you. Leave digital investigations to specialists who work within the legal framework.
The law is clear about practices that are unacceptable. If you use these methods, you risk not only having the evidence excluded, but also facing criminal prosecution yourself.
Secretly entering a home, garage or other private space is prohibited. Eavesdropping on phone calls, intercepting emails or placing a GPS tracker without consent is also illegal. Even if you own the vehicle, you cannot simply install a tracker without the user's knowledge.
In addition, hiring an unlicensed 'detective' is risky. Since the law of 18 May 2024, every private investigator must have an identification card and a unique company number. Always check your investigator's licence to avoid ending up with inadmissible evidence.
At Grey Investigations, we always start with a discreet intake interview. You tell us your suspicions and what information you already have. Based on that, we draw up a plan of action that fully complies with legal requirements. We report the assignment to the competent authorities and get to work.
Our investigators carry out observations at strategic times and locations. We use advanced but legal techniques to document findings. Everything is meticulously reported in an objective report that you can use in divorce proceedings or in negotiations for an amicable settlement.
Thanks to our years of experience and our hyperlocal network in East and West Flanders, we can act quickly and discreetly. You have direct contact with the investigator handling your case, without a call centre. This ensures a personal and confidential approach.
Although we recommend seeking professional help, you can take some steps yourself without breaking the law. Keep a log of suspicious events: note dates, times and factual observations. Watch for changes in behaviour, unexplained absences or unusual expenses.
Preserve digital traces you obtain legally, such as public social media posts or messages addressed to you. Do not force access to accounts or install software on your partner's devices. If you are unsure about the admissibility of certain evidence, consult an expert first. We offer a free telephone consultation in which we assess your situation and advise you on the best approach.
Your confidential matter deserves more than a standard approach. Our private investigators combine decades of investigative experience with a hyperlocal network in East and West Flanders. From intake to report, you have one point of contact who thoroughly investigates your case. No call centre, no referrals, direct contact with the investigator who actually goes out for you.
Moreover, we work strictly in accordance with the law of 18 May 2024, so you are assured of admissible evidence. Our reports are valued by lawyers and bailiffs for their objectivity and accuracy. Want to know what we can do for you? Contact us today for a discreet, no-obligation discussion. Call us on 09 123 45 67 or email info@greyinvestigations.be. Your story is safe with us.
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