Social media and separation – Dos and Don’ts
It is reported that, in the UK in January 2025, there were 54.8 million social media user identities equating to 79% of the total population.
It is little wonder that social media often features heavily in issues following a couple’s separation. Gemma Whitchurch, Partner in the Family team at Sydney Mitchell explains some of the dos and don’ts when it comes to social media during a divorce or separation from a partner.
Do
- Many couples have their accounts and devices linked. This means that access to your location and in many cases, access to e-mails, photographs and social media accounts will continue well beyond separation. It is imperative to “unlink” all devices and accounts.
- Think about what you are posting. In particular, is your social media lifestyle incompatible with the picture you have painted to your former partner and the court?
- Review your “friends” list. Your post is always likely to get back to your former partner even if you have culled your list to those you think you can trust. The reality is at least one of those friends will feedback to them.
- If your former partner is posting inappropriate content that you or a third party, properly and legally, have access to, then take screenshots. They may be helpful to your case.
- Remember posts on the internet can often remain forever. Reflect before you comment on public or private forums.
- Lastly, although obvious, remember to change your passwords.
Don’t
- If you had access to your former partner’s accounts and passwords prior to separation, it may be tempting to check those accounts after you have separated, often in the hope of finding some evidence you believe you can “use against them”. Do not do so. Instead, delete these details. The information you have obtained will likely be of limited use to your lawyer, may need to be disclosed to the other side, and will not be a helpful start to negotiations.
- Post any pictures of yourself or with others in compromising positions; whether this be drink, drugs or situations that your former partner will use against you, and be considered by the court or social services as harmful, dangerous or inappropriate.
- Post any derogatory pictures, comments or other messages on any social media platform that refer directly or indirectly to your former partner and/or their family. This could land you in trouble, not only in the family court but it could also lead to criminal proceedings being brought against you for harassment and/or stalking.
- Allow any other third party to comment or do anything on your behalf that you would not do yourself.
- Post in anger or when under the influence of alcohol etc. Your emotions will be heightened and by the time you realise what you have done and delete the post, it will have been seen by at least one person and will be reported back to your former partner. Even if deleted, that person may have already taken a screenshot.
In conclusion, if you hesitate or are in any doubt about the content that you are posting, the chances are it will have repercussions, and you should not post.
Get in touch
If you have any issues arising from social media following separation or in respect of any family law issues, for pragmatic, no-nonsense advice and practical solutions on how our team can help you with your family or divorce matter, please get in touch on 0121 746 3360 or submit an online enquiry and we will get back to you shortly.
