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Social Media Dos and Don’ts after Separation

Family Law
26 Jun 2024
By Christine Mayes
Social Media Dos and Don’ts after Separation

It can be tempting to vent about your ex on Facebook, especially if you are experiencing a messy separation. However, everything you post online has the potential to be brought up in court proceedings regarding the care of your kids or property matters. No matter how strict your privacy settings are, the Court considers that any posts on social media are public.

Even if you don’t end up in court, social media posts can impact how easily you and your ex can negotiate an agreement, which could draw your matter out and result in higher legal fees. If you have children, they could also impact your coparenting relationship for years to come.

DON’T – post derogatory things about your ex, their family, and any new partner that they may have. This includes sharing memes that appear to be directed at your ex, even if they are not named. Anything you post online has the potential to show up as evidence in court proceedings. You don’t want the Court to see what you are posting and have that reflect negatively on you.

DO – think before you post. If you are on social media while you are angry, give yourself some time to cool off before hitting the post button, so you can read through what you’ve written with a calmer mind. 

DON’T – allow your friends and family to post derogatory things about your ex, or comment derogatory things about your ex on your posts. Even though you are not the one publishing the post, your ex may still try to use this against you in court, especially if you have liked the post or comment.

DO – ask your friends and family to refrain from posting about your ex, their family, and any new partner they may have. If they comment about them on one of your posts, delete the comment. It is unlikely that you will be held accountable for posts that other people make, but you may be criticised by the Court if you appear to be indifferent to or encouraging of this behaviour.

DON’T – post about your family court proceedings. The Family Law Act restricts what information can be published about family court proceedings, and it is an offence to breach these restrictions. It is almost always best to avoid posting about your court proceedings altogether, so you don’t accidentally say something you shouldn’t. 

If you would like more information on anything in this blog, please contact Christine Mayes in our Family Law Team on 4417 4417.