‍The Ex-Files: Will recording my ex help me in court?

Question: My partner and I are going through a separation. We are still living together while we sort things out. I am very unhappy with her behaviour. She has cheated on me, and has been very abusive. I have been recording many of our conversations without her knowledge, and I have been taking videos of some of our interactions. Will it be useful before a judge if the matter ends up in the Family Court? I also have a hidden camera in the sitting room. Is this a good idea?

Answer: Clients frequently walk into their lawyer’s office holding what they believe to be key evidence against their soon-to-be ex-spouse. The client explains that they have secretly recorded their spouse and that the recording highlights their ex-spouse’s abusive behaviour, their threats, or even their dissipation of assets, and want the recording to be presented in court. With everyone having access to a camera phone, this is becoming more frequent.

Should you put the recording before the court?

To decide this, we need to consider a two-stage test. First, is the evidence relevant to the case before the court, and is it admissible? Second, is the evidence prejudicial or will it needlessly prolong the proceedings? If that is the case, the judge may decide not to hear the recordings. To discover what should be considered prior to deciding whether to submit this type of material and the importance of getting official and personal advice regarding this matter, read the full Ex-Files article in the NZ Herald.