There are a number of different ways that social media platforms like Facebook can potentially be ‘weaponised’ during divorce. We’ll take a look at a few of them here.  

The pitfalls of posting  

In the heat of the moment or when emotions are running high, it’s easy to give into temptation and post or comment on divorce-matters online. But not everyone realises that it could have a serious impact on both divorce proceedings and arrangements for children.  

Some people fall into the trap of venting their frustrations or grievances about an ex-spouse on social media. This can trigger further acrimony and maybe even lead to a complete breakdown in communication.  

During divorce, it’s much better all round if both parties can agree on matters such as child arrangements and what will happen to shared assets like the family homes. With a little agreement, compromise and good will, the divorce can be quicker, cheaper and much less stressful.  

But in the matter of moments it takes to type a post and hit ‘send’, this can all be undone. This is why careless social media use can be so dangerous, especially during such an emotionally charged time.  

Are social media posts admissible in court?  

Your seemingly innocuous Facebook posts could also work against you in another way. There’s the risk that your ex-spouse could try to use your posts as proof of things like character flaws, infidelity or hidden wealth, with the hope of gaining a financial advantage.  

After all, when you post on a platform like Facebook, what you say will be out there in the public domain. So, it’s not unreasonable to imagine that a social media post could potentially be used as evidence in future court proceedings.  

There are even some cases where one partner has hacked the other’s account to obtain this ‘evidence’.  

Although of course, this evidence may not be admissible in court due to its private nature. You could be liable for invading private accounts, which could also be considered to be controlling or abusive behaviour.  

Fines for posting about court proceedings

Another crucial thing to be aware of is how you use social media if you need to go to court for your divorce. It’s forbidden to post about court proceedings online, with the risk of being fined (or even imprisoned) for contempt of court if you break this rule.  

Tips for using social media during divorce

The golden rule for using social media during separation is to ‘divorce with dignity’. Here are some useful tips to remember:

•    Think carefully about what you post online
•    Avoid posting at all if you’re angry, upset or have had one drink too many
•    Review your social media privacy settings
•    Resist the temptation to access your ex’s social media – even if you know the login details
•    Think carefully about involving third parties (i.e. a photo posted by a mutual friend, featuring your ex) as they may need to provide a witness statement and come to court if the post is used as evidence.   
If in doubt, it’s best to stay offline.  

Need help or advice with divorce? Get in touch with our friendly team of Wirral divorce solicitors here at Tracey Miller Family Law for a free consultation.