In today’s modern world, we have constant access to multi-functional devices, and social media platforms are at our fingertips. However, advertising every facet of our lives can be risky in the context of a family law dispute, no matter how innocent you believe your content is.

There are many ways that social media posts might be misconstrued, misused, and become detrimental to your case. It is important to be wary of how a simple post or photograph could provide your former partner with evidence that supports a negative allegation made against you, even if you deny it. For example:

1. Your ex raises concerns about your excessive consumption of alcohol, which you deny is an issue, but then you post several Instagram stories on a night out partying with friends, and your ex gets access to them.
2. Your ex alleges you do not get along and that you speak negatively about them to your children. You say this is not the case, explaining that you are a child-focused adult and can amicably co-parent with your ex. You then go on to post a lengthy Facebook status, denigrating your ex, their behaviour, and/or their new partner, or you discuss your family law matter generally in a public forum.
3. Your ex alleges you have started living a lavish lifestyle since you separate and are wasting matrimonial funds yet to be divided between you in a property settlement. You deny there is any change to your attitude towards spending money, but then post photographs of your extravagant holidays, new car wrapped in a bow, and several designer shopping bags.

It is easy to see how a social media post made without much thought can end up in the wrong hands and cause issues. Even if you are able to provide an explanation, this sort of behavior could derail your family law matter, and the work required to surpass these types of hiccups is likely to be very costly.

There is also a risk that disclosing confidential information online you place yourself in breach of section 121 of the Family Law Act 1975 (Cth) if your matter is (or has been) before the Court, which could lead to prosecution by the Australian Federal Police.

It is important to think twice about the content of your social media posts. Whilst we live in a world where documenting our lives is commonplace, it is best to protect your privacy in these situations. Any information shared, no matter how harmless it may seem to you at the time, could cause you strife if it ends up in the wrong hands, or put you at risk of breaching the Family Law Act. For the sake of a ‘like’, it is just not worth it.

If you need specific advice and guidance about concerns regarding the matters raised above or any other aspect of your separation experience, arrange a time to meet one of our specialised Family Lawyers 8151 3919