28 Aug 2014
On ABC News last month, an article was published regarding Facebook being used as a weapon in Family Law matters and the increasing use of Binding Financial Agreements to deal with this issue.
As is often seen in our practice, social media is becoming a tool to outline a party's frustration with the relationship or with family law proceedings generally, often resulting in it being used to degrade or defame the other party. This can potentially lead to court proceedings for compensation or can result in an injunction being imposed by the Family Court to prevent a party from publishing comments relating to, or degrading, the other party.
Facebook though is not only used as a tool to express one's own thoughts and feelings but is a powerful and sometimes lucrative enterprise. It is a medium where millions of people around the world store photos, articles, contacts and other information which may be important to the parties individually, or to their business.
In those circumstances, protecting those interests may be advisable either before or during a relationship (by way of a Binding Financial Agreement) or after separation (by way of Orders filed in the Family Court or a Binding Financial Agreement).
Binding Financial Agreements are notoriously complex and can include a variety of clauses depending upon the circumstances of the parties, and the intellectual and moral rights that parties may have to any particular property. Should you wish to seek any advice about protecting these interests, or seeking assistance to stop your former partner defaming you through social media you should seek advice from an Accredited Specialist in Family Law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
