Social Media and Family Law

Evidence gathering against a spouse in a Family Law matter starts and concludes with Social Media.

It is more common than not to find an aggrieved spouse airing their dirty laundry in posts, comments and photographs derogatory to their ex-partner.

Sometimes the litigant themselves posts photographs of their life on social media including drug taking, excessive consumption of alcohol and photographs or videos of holidays, eating at expensive restaurants or purchasing new assets which is a gold mine for the opposition.

All the above can be used in evidence in property settlements, parenting disputes, spousal maintenance, and child support matters and it is easy evidence to gather.

Some posts on Social Media can also be in breach of the law. Section 121 of the Family Law Act (1975) makes it an offence to publish any account of Federal Circuit Court and Family Court proceedings that identify persons or witnesses involved before the Court. This prohibition also extends to the publication of any picture.

You should be very careful about what you post on Social Media following the breakdown of your relationship as it could have serious consequences on the resolution of your Family Law matter.

Ben Farmer, Victoria Treloar, Kate Bruce and Laura Offe are on hand to help you navigate your separation. Contact our office on 08 8177 5888 or click the HERE and select “find out where you stand?” to get started.