#divorce #mindwhatyoushare #trouble
When it comes to your divorce, don’t be surprised if your lawyer warns you off social media. So why the concern about something that is so much a part of our everyday lives?
We have come up with five things to think about before you tweet, share, post, txt, snap, message or blog about your divorce.
The positive
It must be said that it is not all bad when it comes to social media and the breakdown of a family. It can be a fantastic tool facilitating communication between parties, especially about the children.
Social media makes it easy communicate in a concise and fact driven manner. Keeping it short and factual leaves out the potentially emotive or provocative comments, often associated with lengthier communication, such as an email or a telephone call. When used well, social media might also be used to maintain regular communication with older children without intruding on the other parent’s time.
The less positive
Information. We use social to share of the important and trivial moments in our lives, so it is hardly surprising that social media has entered the domain of one of life’s big events, Divorce. How much should you share? Social media is perhaps not the best forum to chronicle your new life or see the reassurance of others because Courts are becoming increasingly willing to accept social media as a form of evidence.
Copies of Facebook pages or shared posts, screenshots of text messages are all regularly attached to affidavits as evidence of where you were, what you did or said or your attitude to parenting or the orders of the Court.
Loss of control. Once the moment has been published you lose control of it and that can have a detrimental effect on your family law matter. That post might be shared or copied, only to reappear a long way down the track attached to an affidavit in Court. Even Snapchatters, can capture a moment you have shared with a screenshot or camera.
Family members or friends in a perhaps misguided sense of support or solidarity, might react or comment in a manner that changes or exacerbates the effect of your post. Once you have published your moment or thought it out in the public domain beyond your control at a time in your life where you may be most vulnerable to criticism or judgement of others.
The Spontaneity. Social media thrives on its spontaneity. The instant nature of its form is essential to its success. It is arguably what makes it fun. We all know that hesitation will often make the moment irrelevant to share. The spontaneity of social media can also have a downside. Posting or sharing in a moment of anger or emotion or with a glass of wine in hand may result in consequences not considered in the immediacy of the moment. Lawyers will often counsel their clients to be considered in their communication with their former spouse or partner, a concept perhaps at odds with the very essence or purpose of the tweet, post or share.
The law. You may potentially commit an offence, with your use of social media. Section 121 of the Family Law Act (1975) makes it an offence to publish any account of the proceedings which may identify a party or a child involved in Family Law proceedings. If convicted, you may be fined or imprisoned for up to a year and our courts have been willing to find parties in breach of this prohibition.
Think hard and think again before you post, tweet or share. If it has anything to do with your divorce, your ex, the Court or anyone involved in the proceedings, then it may lead to trouble.