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How could social media affect my divorce?

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Social media has changed the way we meet, interact and fall in love. With social platforms having an increased presence in our lives, Janine Hutson looks at how it could be used in the divorce court.   

As divorce lawyers, we are encountering situations far more frequently where social media platforms such as Facebook, Twitter and Instagram are providing evidence that we can use in divorce cases.

With social media being so widely used, and with profiles not being quite as private as people may think, Resolution, a body of family lawyers in England and Wales, advises that a wealth of information can be found about people who use social media regularly. Our private lives may not be quite as private as we believe.

What social media activity could be used as evidence?

  • Evidence of new relationships – A former spouse may attempt to deny that they are living with a new partner or deny that they have plans to remarry. Their relationship status on Facebook, or the photographs they share on Instagram, may tell a different story!
  • Attempts to hide wealth – A former spouse may claim that they have limited assets, or that they don’t have the means to pay maintenance. Photographs and status’ on social media may prove otherwise.
  • Employment status or history – LinkedIn could provide useful evidence of a former spouse’s current employment, or positions that they have held in the past which could demonstrate their ability to earn in the future.
  • Medical information – A former spouse may suggest that they are ill and unable to work, or too ill to attend court. Their social media posts could contradict this, for example, if they have been holiday at the time of hearing.

Divorce lawyers agree that what happens on social media, rarely stays on social media. Social networking platforms are now regularly cited in divorce cases, showing where you have been, what you have been doing, when you were doing it and who you were with.

It is always important to consider the information that is available in public forums as this type of evidence can potentially be used in the Family Courts. This is particularly important, and helpful, if the information available on social media contradicts the evidence which a former spouse has provided to the court.

Janine Hutson is an associate solicitor in Harrison Drury’s experienced team of family and divorce lawyers in Lancashire and Cumbria. If you would like to speak confidentially to Janine about any family law matter contact her on 01772 258 321.


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