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Question
Posted by: mike | 2011/11/01

Advise needed

Hi
Found out wife was cheating via a sms''s on her phone now she deleted them and tell me that it never was so - is their any way that i can get acces to that from a legal few because she is now denying it all

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Our expert says:
Expert ImageFamily law expert

It is extremely difficult to obtain such information. Because of the provisions of the Electronic Communications Act such data is privileged and the networks are not able to assist unless you obtain an order through a Judge, but such and order will never be awarded to prove her guilt. In divorce proceedings however and through Rule 35(10) of the High Court Rules you will be able to obtain cellphone records, but this will only be possible once the pleadings have closed.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323 F: 086 572 8373
E: bertus@divorceattorney.co.za W: www.divorceattorney.co.za

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Our users say:
Posted by: mike | 2011/11/02

thanks G dad

Just want to show her that the thruth is their

Reply to mike
Posted by: FIO | 2011/11/02

Court order is only way, but how sure are you it PROVES she is cheating? Is it worth the effort, and once you have the proof, what will you do? Divorce her? If you are so sure of the facts, despite her deleting the " evidence" , then why not just initiate divorce proceedings now?

The reason I am so direct is that everyone wants proof of what they believe or know, and go to great lengths to get it, and at the end of the day, what for? All that time and effort spent on something you already know? Unless you aren''t sure, so need to get it to validate your position.

What difference will the proof make? If you know it, and intend to make a decision based on what you know, why would you eed proof? At the end of the day most people want proof so that when they make the divorce or whatever decision, they can validate themselves and not be the subject of sceptics who may side with the defensive party. Really, the obtaning of proof is about ego protection. Surely there are other ways of finding out if she''s having an affair?

Reply to FIO
Posted by: G-Dad | 2011/11/02

A court can order the service provider to give you a printout of the sms messages, but to get that you need proof.

Reply to G-Dad
Posted by: family law expert | 2011/11/02

It is extremely difficult to obtain such information. Because of the provisions of the Electronic Communications Act such data is privileged and the networks are not able to assist unless you obtain an order through a Judge, but such and order will never be awarded to prove her guilt. In divorce proceedings however and through Rule 35(10) of the High Court Rules you will be able to obtain cellphone records, but this will only be possible once the pleadings have closed.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323 F: 086 572 8373
E: bertus@divorceattorney.co.za W: www.divorceattorney.co.za

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