5 Top Tips for Using Social Media in Family Law Matters

Separation can be a difficult time. But many recently separated couples find comfort in social media engagement. However, social media posting could, in fact, affect not only the emotional outcome of your divorce but also the financial settlement. The legal system has finally caught up with the rapid rise of social media, and now very often social media posts, pictures and tags are being used as evidence in property negotiations and proceedings.

As a result, those going through separation should be careful about what they post online, or even take a break from social media until the dust settles. Increasingly, social media content is becoming part of family law proceedings and affecting the outcome.

Taking a break from social media may not always be possible or practical. You may need it to keep in touch with old friends or may find it a welcome distraction from your difficult home life. However if you are going through a difficult divorce or separation, it is advisable that you, at least, use caution and good judgement when using social media platforms.

Twitter, Facebook, Instagram and Whatsapp have caused problems both in relationships and in their dissolution. Everything you put online contributes to your ‘digital footprint’ and this can provide evidence of activity you may find difficult to explain. Many people brag about a bonus payment, promotion or other expensive buys on social media. However if you are negotiating a property settlement, you will need to be sure that your social media profile matches up to what you have disclosed to your spouse and your lawyer. Such social media posts may also undermine your case if you are seeking maintenance payments. Even if you have blocked your spouse on all social media channels, they may have mutual connections that will pass on your good news.

You should not only seek to restrict your social media but also where you appear in others social accounts. Ask friends and family to refrain from posting photos, for example of your new home or car or if they are on an expensive holiday with you. This may not come over well in court or negotiations if you are seeking maintenance. Outlined below are some of the factors you should be aware of if using social media whilst going through separation.

If you are separated and are considering getting a divorce or require any other kind of family law advice, please contact our specialist solicitors today to find out how we can help.

Top Tips for Social Media in Divorce

1. Be cautious of what you post on social media, or take a break while you are going through divorce or separation. Taking a break from social media means that you don’t have to worry about posting anything you might regret. Whilst you may think that posting holiday photos is harmless, it could be used as evidence against your financial claim.

2. Ensure you update your privacy settings on your social media accounts. You should ensure that only those you trust are able to see your posts and you can even block certain people from seeing the things that you post. However, even with strict privacy settings, you should assume that your partner or their lawyer will be able to find your online activity. It is difficult to hide things that you post on the internet, and it may be that someone you forgot about is able to see and ‘print screen ’ your posts to show to your former partner.

3. Only post photos or updates that are consistent with the information you have given to your spouse or lawyer and nothing that contradicts the financial situation you have outlined. This can be tricky, and for this reason we recommend that you take a break from social media until your family law matter is settled. Posting photos of excessive shopping, a new car or home improvements might contradict the evidence or impression you have given to your former partner and lawyer. If social media evidence is produced, you may find it difficult to obtain a financial settlement you are entitled to.

4. Ask contacts not to post comments or photos that involve you, or tag you in anything without your prior approval. Whilst you may be careful to ensure you do not post anything that may harm your bargaining position, this all could be ruined by a post from a friend or relative. Ensure those close to you understand that you do not wish to appear on social media in any way at this time. Even where friends do not tag you in photos or posts, ensure that you do not feature in any of their pictures.

5. Beware that ‘friends’ on social media channels may not always be real friends, or they may also be friends of your former spouse/partner and report your activities. Even getting rid of people you know to be friends of your spouse may not get rid of everyone who would share your social media activity. Always exercise caution when using social media while going through a divorce or separation regardless of how strict your security settings are.

Contact expert Divorce Solicitors in Sydney, NSW

At Szabo & Associates, Solicitors we understand that you will not have taken the decision to divorce from your spouse lightly. We regularly work with clients who have agonised over their decision for prolonged periods of time, and are in need of advice from lawyers who understand their circumstances and concerns.

We handle every aspect of separation, from drafting of court paperwork to representing your best interests in negotiations, and in court proceedings if the need should arise.

If you have any questions about divorce or separation, or would like to speak to an experienced family law solicitor, contact us today.