With close to 80% of the total UK population actively using social media, we are clearly sharing more online than ever before.
It is however important to mindful of the content of your posts, especially if you are involved in a family court case.
Social media posts and messages are admissible evidence in court and certain postings could harm the outcome of your case.
Financial misrepresentation
It is not uncommon for only the “best” parts of life to be posted on social media but in financial remedy cases, posting pictures on luxury holidays or in sought-after venues or of expensive purchases could damage credibility and affect any final award, especially where the party “parading” on social media is claiming financial hardship.
Similarly, one party may be business owner and might want to promote their business online for marketing purposes, and that might include highlighting any recent success or positive business news. Again, within financial remedy cases, this could lead to questioning by the other party and/or damage credibility, if those posts contradict any previous presentations to the court about the business’ limited / lack of profitability.
Influence and alienation
If you make a post degrading or denigrating your former partner then then the court could view that as threatening or aggressive, and where children are involved, trying to influence their relationship with and/or “alienate” them from your former partner.
Ultimately, this might lead to one party issuing injunction proceedings against the other and/or affect any arrangements for the children made by court order.
Reposting generic material
When scrolling through social media, you are hard pushed to not stumble upon a quote or poem that might relate to your own personal difficulties. You might think because it is generic and doesn’t name your former partner that re-posting it is harmless. However, re-posting could still cause problems, as the court could infer that it would be understood by others reading it as related to your former partner.
What to consider before posting
Whilst in the midst of a family court case, you should try to limit any social media use.
Before posting, you should consider how it might be construed, and whether you would want it to be seen by a court.
Remember: even if your account is private or your former partner is “blocked”, it is still possible for others to pass on information.
Also, friends and family are a great support during a family breakdown but they too should also be reminded to not air their thoughts about your former partner online.
Finally and in any case, remember that family law proceedings are confidential. This means that the court documents, events of a hearing or any other identifying information must not be shared with anybody other than the parties involved in the case (and their legal teams) and court-approved specialists/experts. Also, bear in mind that there are severe consequences for breaching this confidentially (e.g. by sharing information or documents on social media about a case), including fines and/or imprisonment.
At E J Coombs, we are specialist family lawyers who can advise on all aspects of family breakdowns and assist you throughout your case. We can also direct you to appropriate support groups, where needed. Please do not hesitate contact us, using the links below, if you would like to discuss your options further.
