We’ve been nicknamed the ‘smart phone’ generation, constantly checking in and uploading our lives on to some form of social media. However, this has not been without its problems, particularly in marriage. Social media is becoming more prominently mentioned in divorce cases; whether that be as a reason for divorce, or used as evidence which can be used against one or both parties to affect things like child custody or financial support. For the purpose of this article, we’ve split the two to explain in detail.

Social Media involved directly in Divorce

Research conducted recently has found that around 1 in 7 people consider divorcing their partners as a direct result of social media activity in which they find disloyal or inappropriate behaviour. Just over half of people surveyed stated that they have checked their significant others social media platforms, without their permission. Around 1 in 5 of those stated that they had argued with their partners about what they had seen.

The most common reason for checking a partner’s social media account was to check up on who they were talking to or where they are. Around 15% stated that they had checked social media to affirm their beliefs that their partner was committing adultery.

Social Media as evidence during the Divorce

Social media has also been used increasingly in divorce cases as evidence. Emails and text messages are admissible evidence in court. For example if a party reveals something via text message, as long as this can be shown to the court, it can be used as evidence – particularly if the party isn’t being honest about their financial declarations.

Whilst most people do not list their income on social media, that does not mean that any bragging about their financial prosperity cannot be used against them. For example, someone claiming a low income to avoid high child maintenance, yet posting pictures on expensive holidays or purchases, can be used as evidence.

Here at Jordan’s, we understand that divorce is an extremely difficult decision whatever the circumstances surrounding the decision is. To speak to one of our family lawyers in our Wakefield or Dewsbury office about starting a divorce, or for any other advice, call us on 0330 300 1103 or click here.


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