Social media is a very, very powerful tool. It also gives power to tools. (Chris Young)
We are increasingly becoming comfortable with posting about our family celebrations, our relationship status, and personal dilemmas, on social media than ever before. However, it can be a double-edged sword as it can bring its own set of problems when it comes to a family breakdown.
Evidence derived from social media
With the introduction of the no-fault divorce this type of evidence may be of minor use in a divorce, but it can still be applicable when it comes to arrangements for the children or family finances.
In relation to children matters you may post comments or photos of your activities with the children that your former partner does not agree with, and he could use that to support his/her case if they say you are not putting the children’s best interests at the forefront where there is a difference in parenting.
In relation to negotiating matrimonial finances, social media can also be bothersome. For example, if you are a business owner it is likely that you will want to promote your business as being successful to the public. For marketing purposes business owners may therefore decide to post on social media highlighting how well their business is doing or what clients or contracts they are winning. While this might be positive news for the business, it could lead to questions or suspicion if it is at odds with representations made to the court about the business’s financial capability. Clearly, any financial difficulties your business could be facing are unlikely to be shared on social media. Another common example is posting pictures with a new partner or sharing travel plans which are then disputed in Court with respect to financial disclosure issues.
If you have a disagreement over spousal maintenance and lifestyle, social media posts showing a luxury lifestyle could be used by your former partner to imply that you have significant surplus monies, and that there should be a levelling by way of increased spousal maintenance payments to them.
Reposting quotes, images and making comments
It is common on social media accounts to repost quotes or stories or even comment on another person’s posts or pictures. This can also cause difficulties in a family breakdown. For example, you may comment on a friend’s post or picture sympathising with their situation as they are going through a marriage break down and this may include negative comments about your own experience. This is not a wise move because a court could interpret that it would be understood by people reading it on your social media account as relating to the behaviour of your former partner even though you may not have identified them.
Use social media with caution
- My advice to my clients is not to use social media during family proceedings as it is easy to use it to vent and accidently post something you will regret. In addition, it is a footprint of evidence of what you do, when you do it and with whom.
- I remind my clients proceedings relating to a family breakdown are usually confidential. It is therefore particularly important that the identity of any children involved in these types of proceedings are not made public via social media or otherwise. Clearly a child has a right to privacy both now and into the future. The law with respect to social media is evolving all the time (such as the Online Safety Act 2023) and there are also risks associated with negative social media posts about someone. If the post is defamatory then you could face a separate action for damages which could be costly financially.
- It is important to be aware that even if your social media account is private, it is always possible for others to pass on information that you post who you have access to your social media accounts. Photographs taken of private messages, snap chats and Whatsapp conversations and voice notes are used as evidence in court on a regular basis.
