What Is Cohabitation Surveillance?
Cohabitation surveillance is the process of gathering evidence to determine whether two people are living together as a couple without being married. It is most commonly used where cohabitation may affect legal or financial obligations, such as spousal maintenance or child support.
This type of investigation typically involves discreet, lawful surveillance to observe day-to-day living arrangements, routines, and behaviours that indicate a shared domestic life rather than casual visits.
Cohabitation surveillance is often instructed by:
- Individuals involved in divorce or separation disputes
- Solicitors acting on behalf of clients
- Parents are concerned about a child’s living environment
- Landlords who suspect tenancy breaches
Why Do You Need Cohabitation Surveillance?
There are many reasons why professional cohabitation surveillance may be necessary.
Divorce and Spousal Maintenance
Many divorce settlements include conditions that require one party to continue paying maintenance unless the recipient remarries or begins cohabiting with a new partner.
These conditions are usually set out in Minutes of Consent Orders or other legally binding agreements. If your ex-partner is cohabiting but continuing to receive maintenance payments, this could represent a breach of the agreement.
Cohabitation surveillance provides evidence that may support an application to reduce or end maintenance payments.
Child Maintenance and Child Welfare
In some cases, cohabitation surveillance is carried out to assess whether a new partner’s presence may affect:
- A child’s welfare
- Living conditions
- Financial arrangements
While surveillance does not replace social services or court assessments, professionally gathered evidence can help clarify living arrangements and inform legal advice.
Financial and Asset Disputes
If a former partner is receiving financial support while benefiting from shared living costs with a new partner, this may be relevant in:
- Ongoing financial negotiations
- Asset distribution discussions
- Maintenance reassessments
Cohabitation surveillance can help identify whether financial contributions from a new partner should be considered.
Landlords and Property Owners
Cohabitation surveillance is not limited to family law matters. Landlords and property owners may also require surveillance where there is a concern that a tenant is:
- Subletting without permission
- Allowing an undisclosed partner or additional occupant to live at the property
- Breaching the terms of a tenancy agreement
In these cases, surveillance can help confirm occupancy arrangements and support further action where appropriate.
Peace of Mind
In some cases, clients simply want clarity. If you strongly suspect cohabitation but have no proof, surveillance can confirm the facts and allow you to make informed decisions about your next steps.
How to Prove Cohabitation?
In the UK, gathering reliable evidence of cohabitation can be challenging without professional support. To establish cohabitation in a way that may be relied upon in court, structured and lawful surveillance is required.
Before any surveillance begins, we take time to understand your situation, objectives, and any relevant legal considerations. Based on this, we recommend suitable surveillance options, allowing you to choose the approach that best aligns with your case.
In matters relating to divorce or maintenance agreements, this may involve a defined surveillance period focused on the property in question, your former spouse, and, where relevant, their new partner. This approach is commonly referred to as static surveillance.
Static surveillance involves an investigator observing a specific address over agreed timeframes, recording patterns of activity, arrivals and departures, and behaviours that may indicate shared living arrangements. Observations are carried out discreetly and in public spaces only.
In most cases, our investigators can provide same-day updates, including date and time-stamped photographic and video evidence where appropriate. These findings are then compiled into a clear, detailed surveillance report designed for review by you or your solicitor and, if required, for use in court proceedings.
Our surveillance reports typically include the agent’s written notes and photographic evidence at no additional cost.
Covert Cohabitation Surveillance
We offer both overt and covert cohabitation surveillance. A covert investigation is when a detective remains completely undetected.
Our investigators will work closely with you to understand your needs. We will walk you through the process of evidence gathering and the kind of cohabitation surveillance that we will undertake. We understand that you may be nervous about hiring a private detective, and we will make every effort to put you at ease.
Cohabitation can be difficult to define. Contact our friendly team today to get advice on the most adequate evidence to prove your case.
What Counts as Evidence of Cohabitation?
While every case is different, evidence commonly used to demonstrate cohabitation includes:
- Repeated overnight stays across weekdays and weekends
- A partner arriving in the evening and leaving the following morning
- Changes of clothing indicating overnight residence
- Shared routines such as shopping, school runs, or dog walking
- Photographic or video evidence showing a consistent presence
- Publicly available information linking both parties to the same address
Importantly, occasional visits or isolated overnight stays typically do not constitute cohabitation. This is why structured, ongoing surveillance is essential.
Surveillance Details and Legal Considerations
Cohabitation surveillance is not a one-time observation; to be effective and legally reliable, it requires careful planning and lawful methods. Understanding how it works can help you make informed decisions.
How Long Does Surveillance Usually Last?
The duration of surveillance varies depending on the circumstances of the case. In divorce or maintenance disputes, surveillance is often conducted over several days or weeks to establish a consistent pattern of cohabitation, rather than isolated visits. The exact period is tailored to your objectives and the level of evidence required.
Why Repeated Observations Matter
Repeated observations are essential to demonstrate that cohabitation is ongoing and not occasional. By documenting patterns of activity, investigators can produce evidence that is credible and persuasive in court proceedings.
What Makes Evidence Court-Ready?
Evidence from cohabitation surveillance is prepared to meet legal standards. This includes:
- Date and time-stamped photographic or video documentation
- Detailed agent notes describing observed activity
- Evidence collected lawfully and ethically, in public spaces or with appropriate consent
- Reports are structured clearly to be understandable by solicitors, barristers, and the court.
A professionally compiled report ensures that evidence can be relied upon by legal professionals and considered by the court if necessary.
For more information on how private investigators can support legal proceedings, including acting as expert witnesses, see our guide on whether a private investigator can serve as an expert witness.
Legal Limits of Surveillance
It is important to understand the limits of lawful surveillance. Private investigators cannot:
- Enter private property without permission
- Record audio or video in areas where there is an expectation of privacy, such as inside someone’s home, without consent.
- Harass, intimidate, or coerce individuals
- Break laws relating to data protection, harassment, or stalking
All surveillance carried out by Global Investigations is fully compliant with UK law, ensuring that any evidence gathered is ethically obtained and admissible where appropriate.
How We Work With You
Our process is straightforward and confidential:
- We discuss your situation and objectives
- We recommend suitable surveillance options
- Surveillance is carried out over an agreed period
- A detailed report is produced, including agent notes and photographic evidence
Our reports are designed to be clear, factual, and suitable for legal review.
We offer competitive rates, and our reports typically include agent notes and imagery at no additional cost.
For further information, please contact us on 0208 2877 770 for a confidential discussion.
Frequently Asked Questions
Yes, when conducted correctly. All surveillance carried out by Global Investigations is lawful, conducted in public spaces and compliant with UK privacy and data protection laws.
Evidence is gathered ethically and responsibly to ensure it can be relied upon by solicitors and, where appropriate, presented in court.
The duration varies depending on your situation. Typically, surveillance is conducted over several days or weeks to establish a consistent pattern of cohabitation. The period is tailored to your case to ensure credible evidence is gathered.
Costs depend on the scope, duration, and type of surveillance required. At Global Investigations, we offer competitive rates and include agent notes and photographic evidence as standard. Contact us for a confidential discussion about your case and a personalised quote.
Evidence from cohabitation surveillance can support applications to reduce or end spousal maintenance if it demonstrates a breach of conditions set out in a divorce settlement, such as a Minutes of Consent Order. Legal advice should always be sought to understand how evidence may be used.
Yes. Courts may consider professionally compiled surveillance reports, photographs, and video evidence if it has been gathered lawfully, clearly documented, and presented with supporting agent notes. Accuracy, consistency, and legality are essential.
Covert surveillance is conducted discreetly to minimise the risk of detection. While there is always a small chance someone may notice, trained investigators use professional methods to remain undetected while gathering reliable evidence.