We often tell our clients to be wary of posting anything to social media after separation and especially during any Court proceedings that may be in progress in relation to their property settlement and/or parenting matters.

With social media now the most used domain of sharing our thoughts, experiences and lifestyle to the public, it is more important than ever to be careful about how social media is used.

Some types of social media posts are generally permanent, such as posts to X (Formerly Twitter), Facebook and Instagram. While other forms of social media such as Snapchat and Facebook and Instagram stories are only visible for a short amount of time, they can be ‘screenshotted’ by the recipient as a way of retaining that piece of social media permanently. There is really no such thing as a guaranteed temporary social media post!

If Court Proceedings are Underway

The most important recommendation we give to our clients is to refrain entirely from discussing Court proceedings if you or your former partner or spouse has initiated proceedings for your family law matter.

Previously, section 121 of the Family Law Act 1975 (the Act) was the relevant section prohibiting any party from publishing information relating to Family Law proceedings – this has changed to sections 114Q, 114R and 114S of the Act after the recent Family Law amendments.

It is important to note that sections 114Q and 114R state that it is an indictable offence to communicate to the public about Court proceedings that identifies parties or others involved in family law proceedings (section 114Q) and to communicate to the public a list of Court proceedings that refers to names of parties (section 114R).

If a person is convicted of breaching section 114Q or 114R, the maximum penalty is imprisonment for one year.

Facing separation or divorce? We can help.

Our caring and profesional family lawyers can support and advise you during this complex and challenging time.

Recommendations

As well as refraining from discussing ongoing Court proceedings, it is crucial that you be careful not to share content that could negatively affect your property settlement and/or parenting matter. While social media should never be used inappropriately, below are five categories of posts that we recommend you do not share:

1. Any thoughts or experiences about your co-parenting with your former partner or spouse;
2. Threats of violence or engaging in aggressive behaviour;
3. Sharing ‘screenshots’ of private messages exchanged with your former partner or spouse;
4. Photographs/videos about your financial position; and
5. Inappropriate images of yourself or your former partner or spouse.

Get In Touch

If you wish to discuss your separation and/or social media use (including that of your former partner/spouse), we invite you to get in contact with one of our specialist family lawyers via our family law web page or on 1800 730 842.