Can my Social Posts be Used Against me in a Divorce?

As of January 2023 there were 57.10 million social media users in the UK, according to media monitoring company Meltwater.

This isn’t a surprising statistic. For most of us, social media has become a part of our day-to-day lives. But when it comes to divorce proceedings, it’s important that you’re aware of the implications your social posts could have.

We’ve set out what to bear in mind in this quick guide to social media during a divorce.

Social media posts can be used as evidence

Uploading a post to social media is second nature to most of us. But what many people don’t realise is that social posts are effectively public documents. This means that anything you post online could be used as evidence against you.

Social media posts – especially those with images – can reveal a lot. Where you’re living, how your children are being cared for and how much money you’re spending could all be captured within a post.

It will be up to the discretion of a judge to decide how much weight a social media post bears. But as a general rule, anything that appears online can be used as evidence in the family courts. So we would always recommend thinking carefully about what you share.

How your posts could impact divorce proceedings

Although it’s tempting to vent about what you’re going through online, we wouldn’t recommend it. The court may look unfavourably on you using social media in this way, especially if it invades the privacy of the other person involved.

In the most extreme cases, your posts could be used as evidence of inappropriate or harmful behaviour. This could result in costly injunction proceedings if the judge decides that your online posts amount to harassment or present a threat your ex.

In divorce cases involving child arrangements, social posts could be used as evidence of informal care agreements or communications between parents about how the children should be looked after. They could also be used to show that a child is at risk of physical or emotional abuse from a parent.

Similarly, in financial proceedings, posts made online could be used to demonstrate that one party is being dishonest about the amount of money they have. For example, if one person says they don’t have enough money to live on but their social media shows them living a lavish lifestyle.

As family law continues to catch up with advancing technology, it’s becoming more and more common for social posts to be used during divorce proceedings. So it’s important to consider this while using your favourite online platforms.

Be mindful of what you share online

It’s easy to forget how many people actually see our social posts. And even if you have your ex blocked, you may have mutual friends who will still see what you’re uploading.

So while it may be tempting, we wouldn’t encourage posting publicly during the divorce process. And if you do, make sure you think about how it could be interpreted before hitting ‘post’. Not only will this provide you greater legal protection, it could help you personally, too.

Going through a divorce can be emotionally draining, especially when arguments emerge over social media. Finding an experienced family law solicitor can make all the difference. We work with expert teams who can help you navigate the process.

Give us a call or enquire online to find out more.