TL;DR: A licensed private investigator documents facts in matrimonial matters lawfully, discreetly, and to a standard that withstands scrutiny in family law proceedings. Whether the concern is suspected infidelity, hidden assets, or undisclosed activities relevant to a parenting or support matter, the investigator’s role is to produce a clear, documented factual record that allows a client and their counsel to make decisions with clarity. Emotion drives the enquiry; evidence drives the outcome.
Matrimonial investigations are among the most sensitive mandates a private investigator handles. The stakes are personal and legal at once: what is discovered may affect how a family restructures, what is owed, and how children are cared for. Handled well, a professional investigation produces clarity. Handled poorly, or without discipline, it can complicate proceedings, compromise evidence, or cause harm. The difference lies in who does the work and how.
What kinds of marital secrets does a private investigator investigate?
Suspected infidelity. A spouse who suspects an extramarital relationship may want documented, factual confirmation before making decisions about the marriage or the legal strategy that follows. Documentation produced by a licensed investigator is more useful in legal proceedings than evidence gathered informally.
Hidden assets. Financial disclosure is a requirement in family law proceedings. When a spouse suspects that assets are being concealed, undervalued, or transferred ahead of separation, a private investigator with financial tracing capability can build a documented record for the family law team.
Lifestyle and activity inconsistent with stated position. A spouse claiming an inability to pay support who is observed conducting activities inconsistent with that claim; a parent whose stated lifestyle differs from what they represent in proceedings; a person receiving undisclosed income. Surveillance and records research produce an objective record.
Background on a new partner. Where a new partner will have access to children, a parent may have reason to conduct a due-diligence investigation into that person’s background and history.
Does evidence from a private investigator hold up in family law proceedings?
It can, and that is the purpose. Evidence gathered by a licensed investigator, documented contemporaneously, with a clear chain of custody and a report written to an evidentiary standard, is usable in family law proceedings. Evidence gathered informally, without documentation, or in ways that breach privacy law or constitute harassment, is not.
The standard that matters in family law is the balance of probabilities. The question is whether the evidence, taken together, makes a fact more likely than not. A well-documented surveillance report, financial tracing record, or background investigation contributes to that standard. An informal account does not.
Counsel working with a private investigator from the outset, rather than after the fact, is in the best position to ensure that the investigative record is gathered and presented appropriately.
What are the legal limits when investigating a spouse?
The legal limits are real and matter practically. Surveillance of a spouse is lawful in public spaces where there is no reasonable expectation of privacy. Accessing a spouse’s private communications, installing monitoring software without consent, intercepting messages, or entering a residence without authorisation is not. These are criminal offences, and evidence gathered in these ways is inadmissible. It may also expose the client who directed the conduct to liability.
In BC, the relevant legislation includes the Criminal Code, the Personal Information Protection Act (PIPA), and, where surveillance is conducted by a licensed investigator, the Security Services Act. A professional firm operates within all of them, because evidence gathered outside them has no value in proceedings and creates new problems.
The investigator’s role in a matrimonial matter is to document what exists, lawfully and precisely, not to create a trap or produce a dramatic confrontation. Clients sometimes want the latter; a professional firm delivers the former.
What is the process for a matrimonial investigation at BCSI?
Every matrimonial investigation at BCSI begins with a confidential consultation to understand the facts known, the concerns driving the enquiry, and the likely legal context. This conversation shapes the investigative mandate.
Surveillance. Lawful observation of the subject’s activities in public settings, documented with timestamps, video, and a formal report.
Open-source intelligence (OSINT). Research into publicly accessible records, social media, and online presence to establish a factual picture of the subject’s activities, associates, and circumstances.
Financial and asset tracing. Where hidden assets are the concern, research into property, business records, and financial connections builds a picture for the family law team’s financial disclosure analysis.
Background investigation. Verification of the subject’s claimed background, employment, assets, or status.
All work is conducted under the BC Security Services Act and delivered as a written report suitable for use by counsel.
A note for clients in personal distress
Matrimonial investigations are driven by difficult circumstances. Clients in these situations deserve both competence and care. BCSI treats every private-client matter with the same discretion it applies to corporate files: no client is named, no details are shared, and the investigation is conducted in support of the client’s wellbeing and legal position.
Where children are involved, their safety and wellbeing come first in every decision about scope and approach.
Uncertainty is difficult to live with. Gathering the facts discreetly and lawfully, so you can decide with clarity, is what this work is for.
Frequently asked questions
Can a private investigator gather evidence of infidelity in Canada?
Yes. A licensed private investigator can conduct lawful surveillance and produce a documented factual record of a subject’s activities in public spaces. This evidence can be used by family law counsel as part of the overall evidence in matrimonial proceedings.
Is it legal to hire a private investigator to watch your spouse in BC?
Hiring a private investigator to conduct lawful surveillance of a spouse in public spaces is legal in BC. Directing an investigator to intercept private communications, access accounts without authorisation, or conduct surveillance in ways that constitute harassment is not. A licensed firm operates within the legal limits and advises clients accordingly.
Can a private investigator find hidden assets in a divorce?
A private investigator with financial and asset-tracing capability can research property, business, and financial records to identify connections that may indicate concealed or undervalued assets. This work supports, but does not replace, the financial disclosure process and the analysis conducted by the family law team.
Will my spouse know they are being investigated?
Professional surveillance is conducted without alerting the subject. A licensed investigator uses observation methods appropriate to the environment and objective, with the goal of producing a documented record rather than a confrontation. At BCSI, all client matters are held in strict confidence.
What should I tell my lawyer before I hire a private investigator for a matrimonial matter?
Tell your lawyer before you engage the investigator. Working from the start of the mandate means the lawyer can help scope the investigation appropriately for the likely proceedings, advise on how the evidence will be used, and ensure that nothing the investigator does complicates the legal strategy.
The facts, documented
A matrimonial investigation, properly conducted, gives you and your counsel a factual foundation for decisions that will affect your family’s future. At BCSI, we work discreetly, lawfully, and to the standard that proceedings require. To discuss a matter in confidence, request a confidential enquiry. The science of integrated investigations.
About the author: Denis Gagnon is President of BCSI Investigations Inc. and a former RCMP officer with more than 33 years of investigative experience. BCSI is a licensed private investigation firm headquartered in West Vancouver.
