Home / Forensic Recovery / Matrimonial & Divorce

Divorce & Matrimonial Digital Evidence

What was deleted during a divorce may be as important as what was kept. However, only if that data is gathered legally will it count. We look at devices you have ownership of either individually or jointly; alternatively, we can act upon the instructions of family solicitors in both Swansea and Cardiff. Freephone advice for initial guidance prior to anything being sent.

▲

Discreet investigations are conducted, documented and defendable. There is no cost for an initial diagnosis and a written scope is agreed prior to beginning forensic examination, which is payable upfront.

// does this look familiar

Where lawful digital evidence earns its keep

Below are the family case examples which we assist our clients with throughout Swansea and South Wales, always based on an examination of a device where there is a lawful basis to do so.

Messages, e-mails or photographs that have been deleted from your own laptop, or deleted from a backup of a mobile telephone stored on it
Your family computer or backup drive (the two of you purchased it together)
Financial disclosures which do not support your understanding
Missing records from a jointly owned business machine
Your solicitor is requesting professional preservation of material
An examination ordered by the family court

Entitlement first — the question that decides everything

Before we start on any type of examination, we want to make sure you have the right to search. In order for us to provide you with this opportunity one of three basic criteria needs to be met: the equipment genuinely belongs to you; the equipment is a joint ownership item, such as a computer used by everyone in the home or a backup drive; or the work comes through your solicitor and/or is ordered by a court. There is nothing else that meets our requirements. Looking at your spouse's private phone or emails is illegal under the Computer Misuse Act 1990. If anything were found there, it would very likely be thrown out as evidence. And looking may potentially harm your case even if you had been successful in finding something incriminating. The legal way is a few days slower but much better.

What comes back from a device you may examine

Recoverable data is often substantial: deleted WhatsApp messages, SMS and iMessages, e-mails, photos that contain their creation date, documents and spreadsheets, as well as a web browser's history of activity around key events. Timestamps are created by operating systems to track the creation time, last accessed time or deletion time for each file. In financial matters, we often reconstruct bank account statements, transfers and accounting records relating to disclosure, useful in situations where reported figures do not align with observable spending.

Single joint expert, or one party's instruction

We generally do family work on behalf of solicitors and have no preference for how this is done: instructed solely by one party; or as the single joint expert appointed jointly for both parties. In our capacity as joint experts, we will image the agreed device; limit our examinations to that which has been sanctioned by the court; and provide a fair/neutral report. Our duty is to the court, not who pays the bill. The findings will be in plain language so they can easily be used by a judge; all technical details will be provided in an appendix, and an explanation of where the limitations of the evidence lie will be given as plainly as the explanation of the evidence itself.

Keep it switched off — preservation matters

A device you have a right to inspect might contain evidence. The temptation to open it and see what's there should be resisted. Any time it is unlocked, an app store recovery tool has a 'look' at this type of device or a 'helpful' friend has a 'browse', the data already present on the device (that could be relevant) is overwritten by new data, and the date stamps, which will be examined by the courts, are also affected. So turn it off now. Store it safely and call our freephone number from anywhere within Swansea or South Wales or get your solicitor to instruct us, after which we document everything related to its handling.

Family work that includes write-blocked imaging, hashing and custodial records to verify integrity is covered in detail at our forensic data recovery hub. Forensic cases are always payable up front, as per the data recovery cost page: either £800 + VAT for the standard investigation into your case which will include a comprehensive report, or £400 + VAT just for the recovery of the binary image(s) from your drive(s) and the extraction of deleted files from your drives which will not include a report. If you have a family computer that is encrypted by BitLocker we can decrypt the same first if you hold the recovery keys legally.

// inside the examination

What can be recovered, lawfully

Categories of data that we usually recover from devices belonging to yourself or a jointly owned device, or one that the court has ordered us to examine:

Chats & texts

Your erased messages from WhatsApp, iMessage and SMS conversations.

Email & paperwork

Deleted email communications as well as deleted documents and spreadsheets.

Photographs

Pictures that were removed, along with the date they were taken.

Browsing & accounts

Your search history and sign-in activity related to important timeframes surrounding key events.

Money records

Statements, money transfers and bookkeeping files needed for disclosure.

The timeline

Times when things were created, opened and deleted help to tie down specific events.

The rule we never bend

No matter how confident you may be regarding what your spouse's personal telephone or email communications would reveal, we will not enter these covertly: that is an offence under the Computer Misuse Act, the evidence produced by such means would most probably be inadmissible and could potentially be used against you during the course of the proceedings. These are the only three ways you can access this service: by using devices which you own; using assets that you truly do have joint ownership of with your spouse; or through instructions via a solicitor or the family court.

// getting your device to us

Post your device to us — it's simple

Ring us on 0800 689 0668, or get your solicitor to call for you, as we want a brief conversation about lawful basis first, before you post anything to us. We will check if there is an entitlement, give you a quote, and agree which hard drive to send (we are only interested in the drive, not the PC), with custody logged from the moment it arrives at our secure Bristol location.

Do you want to send a drive from your computer, laptop, MacBook, iMac, CCTV / DVR or server? Please do not send the complete unit of computer or device with a hard disk drive (HDD) or solid state drive (SSD) inside. Please remove it and only send the drive itself. For a server, please remove all disks and label them by their bay. We will also not perform removal of internal drives from devices in order to access data. Also, we will not extract data from devices where storage is soldered onto the motherboard (such as T2 and Apple Silicon Macs and some thin laptops). Additionally, we do not recover data from phones and tablets, only drives that can be removed and sent to us. If you're not sure which kind you have, ring us first.

  • Encase the unit in bubble wrap or a padded envelope. A single external drive will come as one complete package including its outer case, cable and power supply; for anything other than that there is no requirement to send cables or power supplies.
  • Print and include the booking-in & shipping form (PDF) with your name, phone number and a short explanation of what occurred.
  • Please post your item to us using a method such as Royal Mail Special Delivery (or a similar secure tracked and insured delivery method that you would normally use), so it's covered the whole way.
  • Alternatively, if you wish to hand-deliver your item, after receiving your quote please drop it into our reception area at the address shown during opening hours (Monday to Friday, 9am to 5:30pm), with no appointment needed.
// send your device to your nearest location

Bristol Data Recovery

Castlemead
Lower Castle Street
Bristol, BS1 3AG

↓ Print the booking-in & shipping form (PDF)

Clearly mark the parcel with the name Bristol Data Recovery, and when your media has been diagnosed we will call you immediately.

If unsure about what to post, please call us first on 0800 689 0668 (the free phone number), or complete a free online diagnostic.

// matrimonial & divorce — your questions

Common questions

Not without a lawful basis. The private property (including all information on it) of another person is off limits regardless of how strongly you suspect them, since obtaining access to someone else's device by stealth constitutes a criminal offence and it is highly unlikely the results will ever be admitted. However, we may investigate devices which are either yours or genuinely used by both parties; alternatively, we can take action if your solicitor or the court provides the authority to do so.
Generally speaking, yes. A computer or backup drive that you genuinely purchased and use together will usually be able to be legally reviewed. Because it is shared between you both, there may still be some privacy issues on the edges; therefore, we would like to confirm the position first, and we prefer to include your solicitor in the discussion.
When there is sufficient legal basis for this: text messages and WhatsApp communications; emails; photos which include an embedded date; documents and spreadsheets; and timestamps representing when items are created or erased, frequently enough to create a reconstructed record of the financial records relevant to disclosure.
Yes, this is exactly why it was designed to be so. Hash-verified images; a recorded chain of custody; a documented method and impartial report; and the option to act as one single joint expert whose duty is owed to the court.
// more forensic case types

Other case types we cover

Family-case evidence, gathered lawfully

We would like you to ring us directly or have your solicitor contact us to make arrangements for your matter, with a free diagnostic first and a full court-ready service from start to finish.