Matrimonial and Divorce Examinations

In a Scottish family action case, recovered material can only be used where the device was open to us by lawful means and that handling was documented at the time. Our firm acts for family solicitor firms located around Union Street and their clients, on devices where the right to inspect the contents is beyond argument. That right is confirmed in writing prior to taking any images.

◇ Footing first, then the bench time. It all begins with the free diagnostic, which is then followed by a written scope, and forensic fees must be paid before any actual examination can take place. Generally speaking, in most cases you only pay if we recover your data; the exceptions are electronic and mechanical failures, chip-level work, DVR jobs and forensic jobs. Full pricing can be found on the data recovery cost page.

// what this page is for

Where a lawful examination earns its keep

The device in question must be either yours, a device you genuinely share with someone else, or a device named by a solicitor or the courts. There is no fourth way to do this, and we will not create one for you.

Deleted messages or pictures on a laptop, or in a phone backup, that belongs to you
The family computer, or a backup drive the pair of you paid for
Figures put before the court that do not fit the household's outgoings
Accounts missing from the shared machine in the family firm
Your solicitor wants the material secured before more of it goes
An order of the court names one particular device

The footing gets settled before anything is powered on

Every family instruction begins with a single question. On what grounds are we permitted to access this device? There are just three possible answers. It is yours. It is genuinely jointly owned, a shared computer desktop or external hard drive both of you purchased together. Or the examination has been directed, whether by a solicitor or by the court. Nothing beyond those three answers will do. If you guess at your spouse's password, or if you access their own private correspondence, you fall foul of the Computer Misuse Act 1990, which covers all of the United Kingdom. The material obtained in such a manner will most likely damage whoever collected it. A day or two is required to establish what footing each party has. Get it wrong and you lose the action.

What comes back once the right exists

Deletion rarely marks the end. Computers, shared drives and the handset backups stored on them can return conversations, images complete with capture dates, letters and spreadsheets, plus a record of each sign-in and of browsing across the days at issue. In addition to being able to reconstruct what was said, recovered content will still have its clock, allowing a timeline to be established. This carries added importance in Scotland, where financial provision on divorce is governed by the Family Law (Scotland) Act 1985. In determining matrimonial property value as at the relevant date, dated evidence is clearly of greater value than undated evidence.

Instructed by one side, or agreed between two

The instruction from a solicitor comes in one of two ways: either from one party alone or jointly from both. On a joint basis the named device will be imaged once, with the scope remaining exactly where the parties or the court have put it. The duty owed is therefore to the court rather than to whoever pays for the work. In Scotland a skilled witness owes this duty regardless of who instructed him or her. The findings are then written up in such a way that a sheriff can take them straight off the page. All aspects of the evidence, whether weak or strong, are afforded equal room.

What to do at home while this is arranged

Suppose a device you have permission to open could be important. The most valuable thing you can do is to leave it untouched entirely. Once you have unlocked it, you have written to it in some way, and installing a recovery app from the store writes a whole lot more. If you give it to someone else to try their hand at it, you will have written the most of all. Every time something is written to the device, it shifts a date that people may wish to rely on. Shut it down, put it somewhere out of reach, make a note of where it has been; then contact us, or have your solicitor do so. From that first call onwards, everything that happens with regard to how the item is handled will become part of the formal record.

The method through which we obtain images, verify them, and store them is covered at the forensic recovery hub. To learn about how to date deletions, visit deleted-file forensics. Visit legal hold and chain of custody for information regarding keeping items safely after they've been recovered. The costs of our services can be found on the prices page.

// what tends to come back

The material family actions turn on

We'll only retrieve data from devices that are in your name, from property that is genuinely shared, or from hardware you are directed to produce.

Conversations

Text and chat threads returned after deletion, held in sequence.

Photographs

Removed images that still carry a readable capture date.

Letters and ledgers

Erased correspondence, statements and bookkeeping documents.

The days at issue

Sign-in and browsing records right through the hours in question.

Financial papers

Documents bearing on figures already put before the court.

A clock on each item

Created, modified and deleted stamps, anchoring everything to a date.

// the price, and who we may act for

Forensic fees, and the footing underneath them

The money, stated plainly

Every instruction starts with the free diagnostic, and you should allow 2 working days from the date a device reaches this bench. Forensic work is not covered by our usual payment terms, where in most cases you only pay if we recover your data. The full forensic investigation with report costs £800 + VAT and must be paid 100% upfront. The less expensive Forensic binary image and deleted-file extraction service (which does not include a report) will cost £400 + VAT. All Forensic services are required to be prepaid. Both figures are repeated on our prices page and we do not take anything until we have agreed upon a scope of works in writing.

The footing we need

When family instructions are given to us they can be for use on a device owned by you (the client), on a jointly owned device (a shared device) or as part of directions received via a solicitor or the courts. Those are the three doors in, and to date we have never found a fourth. Kit that the business itself owns. A written instruction issued through a solicitor, an insurance company or from the court. Or a device that genuinely belongs to the client, which in a matrimonial situation would include one the couple own together. We do not hack into anything at our bench. We do not intercept live traffic. If you have provided us with access to a device and you have no legal entitlement to view the contents of it, then neither do we.

// getting your device to us

Getting it to the bench — plainly done

Entitlement is settled on the phone prior to a parcel being prepared. Call us on 0800 689 0668 with the details first so we can provide you with a quote, or have your solicitor contact us. Once the device has been agreed, its hard drive (we only need the drive, not the computer) can be posted to Edinburgh, tracked and insured, or handed in over the counter (Monday to Friday, 9am to 5:30pm, no appointment needed). We do not offer a collection service, and custody begins once the item arrives.

Still attached to a laptop, desktop, MacBook, iMac, server or CCTV/DVR unit? Remove the hard drive or SSD first. The bare drive travels on its own; when removing disks from a server remove all the disks and label each disk by its bay. This lab does not take machines apart. Any storage that has been soldered onto a motherboard (as in T2 and Apple Silicon Macs and a couple of thin laptops) will not be worked on: if it will not unbolt, we cannot work on it. If you're not sure what type of machine you have, ring us first. Phones and tablets are also not taken on.

  • Place bubble wrap around the drive then place inside of a rigid box or padded envelope. Pack as tightly as possible so that there are no loose objects within the container. Leave all cables, caddies and power supplies behind except for when sending an individual external drive. When posting an individual external drive, send it whole, in its housing along with its own cable and power supply.
  • Print off the shipping & booking-in form (PDF). Write down your name, mobile number, and a brief description of what occurred. Place this document into the same package as the drive.
  • The Royal Mail Special Delivery service offers both tracking and insurance from door-to-door. Using your own courier service will achieve the same results.
  • Want to hand it over yourself instead? After receiving your quote, reception will accept drop-offs at the address below, Monday to Friday, 9am to 5:30pm, with no appointment needed.
// where your device is headed

Edinburgh Data Recovery

4 Redheughs Rigg
Westpoint, South Gyle
Edinburgh, EH12 9DQ

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

Your parcel should be addressed to Edinburgh Data Recovery, approximately two and a half hours (and 130 miles) from Aberdeen via the A90; alternatively it can reach us the next working day by tracked post if this journey time / distance is prohibitive to travel. As soon as your drive has been scheduled in we will contact you.

Still unsure about what should be placed inside of the packaging? Please call us first on 0800 689 0668, or use our free online diagnostic tool to assist you in deciding which items belong inside of the packaging before sealing.

// matrimonial and divorce · asked before instruction

Asked carefully, and rightly so

No. If she has sole use of the phone, and there is no consent or court order to do so, then it will be beyond the law and therefore beyond the scope of our practice. Phones and tablets are not taken on here in any case. Whatever device you have that we can legally access (which is your own) as well as devices you share with someone else, and also backups for handsets stored on a family computer, we would generally find the same answers there regardless.
Usually it does. Property genuinely held between you, such as a study desktop or a backup drive on a shelf, is usually accessible for examination. Privacy limitations apply here also. We confirm the footing with you prior to commencing our investigation. Additionally, we prefer that you inform your solicitor that an instruction has been provided to us.
More than most people expect, given a lawful footing. Threads, photographs with dates, letters, spreadsheets, browsing history, with their stamps intact. Nothing comes back completely whole, and we will tell you that at the start rather than let a report imply otherwise. Findings are reported at the confidence level they have earned and no higher.
It will be prepared to evidential levels appropriate for a divorce action either at the sheriff court or the Court of Session. Verified images, unbroken chain of custody, disclosed methodology, and wording that is impartial. A joint instruction is welcome, and thereafter the duty would run to the court. Whether the information is received into evidence by the sheriff or judge is for their discretion.

Lawful footing first. Everything else after.

Either call us directly to give the instruction yourself, or have your solicitor contact us. Our primary concern when engaging in the process of data recovery is establishing first whether you are entitled to receive the results.