What is adultery?
Adultery refers to the intimate relationship that a married person has with a third party outside the marriage. Long considered a criminal offence in France, adultery was decriminalised in 1975. However, it remains a ground for divorce recognised by the Civil Code and can have significant consequences for separation proceedings.
Adultery constitutes a breach of the duty of fidelity imposed on spouses by Article 212 of the Civil Code. This infidelity can take different forms:
Physical adultery: sexual relations with someone other than one’s spouse.
Emotional adultery: an exclusive and hidden emotional relationship, even without proven physical intimacy.
Digital infidelity: repeated intimate exchanges on social networks, dating sites or messaging apps.
In all cases, proving adultery requires gathering tangible evidence that is admissible before a family court judge.
The legal consequences of adultery
Even though adultery is no longer a criminal offence, it still has legal effects in divorce proceedings:
Fault-based divorce: adultery is a legitimate ground for a fault-based divorce (Article 242 of the Civil Code). The cheated spouse may request that the divorce be granted with exclusive fault attributed to the other spouse.
Financial consequences: in a fault-based divorce, the judge may refuse to award a compensatory allowance to the at-fault spouse, and may even order them to pay damages to the injured spouse for the moral harm suffered.
Parental authority and children’s residence: adultery in itself generally does not influence decisions regarding child custody, unless the parent’s behaviour endangers the minors’ stability or safety.
Division of assets: adultery may be taken into account when dividing marital assets, particularly if significant expenses were incurred for the benefit of the third party.
The role of the private detective in adultery cases
Proving infidelity is not always straightforward, especially when a spouse takes precautions to conceal their relationship. This is why many people call on a licensed private detective.
At Groupe Hyperion, we act with the utmost discretion to collect evidence that is admissible in court:
- Surveillance and tailing to document repeated meetings with a third party
- Photographic evidence in public places (restaurant, hotel, the third party’s home)
- Verification of schedules and suspicious movements
- Digital investigations (in compliance with privacy and the legal framework)
Each investigation is conducted in strict compliance with the law. We do not carry out any intrusion into a private home, any phone tapping or computer hacking. All our evidence is collected legally and can be submitted before a court.
Our investigation report, detailed and time-stamped, is a probative element that your lawyer can use in your divorce case. We can also testify in court if necessary.
If you are also dealing with psychological harassment in your relationship or if you need to locate your spouse, discover our GPS tracking services.
A discreet and professional intervention
Adultery cases are, by nature, sensitive and painful. We understand this and adapt our approach accordingly. Each assignment is handled with empathy, confidentiality and professionalism.
Groupe Hyperion operates throughout France thanks to its agencies located in Montpellier, Paris, Toulouse, Limoges, Angers and Geneva. Our private detectives specialising in family matters support you in defending your rights and calmly preparing your divorce proceedings.
A first confidential consultation makes it possible to assess your situation and determine whether an investigation is justified. We advise you on the strategy to adopt and inform you transparently about timelines and costs.