Social media has become a window into our daily lives, capturing everything from holidays and nights out to major life events. But what many people don't realise is that the content they share online can also play a significant role in divorce proceedings. Posts, photographs and messages can all be scrutinised and, in some cases, used as evidence in disputes relating to finances or child arrangements.
Financial proceedings
During financial proceedings parties are required to provide full and frank disclosure of their financial circumstances.
If you are claiming financial hardship or a low income but your social media portrays a different story of luxury purchases, expensive holidays or lavish spending, this could be used against you by your spouse and could significantly undermine your position and damage your credibility before the court.
Child arrangements
A picture can paint a thousand words, with social media providing an insight into a person’s behaviour, lifestyle and how they wish to be perceived by others.
Posts, comments, photographs, or shared content that portray you as irresponsible or possibly unstable could potentially be used against you. This is particularly relevant where children are involved, as it can affect the court’s view of you and lead to consideration of whether you are able to meet the care and needs your children require.
Negative posts about your former spouse
When emotions are running high, it can be tempting to use social media to tell your side of the story or have the last word. However, making negative or defamatory comments about a former spouse can have serious consequences.
These types of posts can increase conflicts between parties, making negotiations more difficult and expose you to legal repercussions. This also applies to comments made by friends and family members. Whilst they may believe they are supporting you, their actions can often make matters worse and may be viewed as though they are speaking on your behalf.
What should you be doing with your social media accounts following a divorce?
To minimise the risk of social media activity affecting your case, you may wish to consider the following:
- Check your privacy settings and make your accounts private
- Change your passwords, particularly if your spouse previously had access
- Think carefully before you post. Consider the impacts and how it may be inferred. Ask yourself whether you would you want a judge or your children seeing it
- Avoid discussing your divorce proceedings or your former spouse online
- Take a break from social media - sometimes it is better to be safe than sorry
It is also important to remember that social media posts, comments, messages or photos leave permanent digital trails. Features such as screenshots and downloads mean that content can never truly be deleted. For that reason, it is always best to stop, take a minute and think before you post.
If you have any questions or are looking for advice in relation to divorce, please do not hesitate to get in touch with a member of our family law team.