Social Media posts can and are likely to be used against you in a divorce

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Posts on social media such as Facebook, Twitter, Google+ or Instagram can become public domain and may be obtained by your partner or lawyer in a case against you in relation to divorce.

The following are examples:

1. Making negative remarks about your soon to be ex-partner

You should remain neutral during this time. This will not help settlement or a favourable outcome for you.

2. Being over friendly in relation to other people’s posts

This can sometimes be seen in another sense. This could lead to further irritation or accusations from your ex-partner.

3. Talking about or posting pictures that are inconsistent with your behaviour and comments to her

When going through a divorce it is common for men particularly to socialise, such as go to a party or a major rugby game. During that time pictures which show you to be not responsible and at a place when you said in fact you were at a work function for example could make it more difficult for you to continue with some relationship with her and to sort your matter out.

4. Posting pictures of your holidays in overseas or exotic locations

Of course you want to share with your other friends and family your travels. However, it is difficult to argue that you are poor and can’t pay, for example, child support or spousal maintenance, while having such a luxurious time. It is unwise to post such photos at this point because no doubt they will be used against you later.

5. Posting about a new partner

You do not want this information to become public until your relationship property settlement and childcare situation has been sorted out. Emotions are still normally fragile at this time, even if this is an innocent enough picture. These social media posts can make it harder to obtain a quick, just and ultimately fair divorce settlement for you.

Posts of your friends and family

It is not obviously just your posts that can affect a divorce settlement. It is also other people around you that, for example, tag you in social media. It is therefore important that you restrict the number of posts that other people make about you as well. Many of our clients have decided to take the extreme step of closing down their social media accounts for a period of time and this is something you should consider as well.

"The information posted on this website is prepared for a general audience, without investigation into the facts of any particular case. This information is no substitute for legal advice and does not create a lawyer-client relationship; you are advised to consult with a lawyer on any legal issue."

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