It seems that there is no area of modern life that social media has not touched – even divorce law. Indeed, divorce lawyers are turning to sites such as Facebook and Twitter to find marital assets which have been squirrelled away by unscrupulous spouses during legal proceedings when getting divorced.
Sadly, it is common for parties involved in financial disputes during divorce to attempt to understate the value of their assets so that their ex-partner cannot receive their fair share. However, judges are now allowing lawyers to use social media platforms to search for evidence of financial non-disclosure or under-disclosure.
Given the enormous user figures enjoyed by social media sites, there is an enormous amount of information available and spouses may find that they have unwittingly revealed something in a post or personal message that comes back to haunt them when going through the divorce process.
It is therefore surprising how much a divorce lawyer can deduce from the information posted on social media. It can not only reveal if the person has been dishonest during proceedings but also where the missing assets might be. Indeed, when people type their direct, messages, statuses or tweets, they are unlikely to be thinking about the prospect of such information being used against them in the family courts.
The fact that such private information is being accessed without the permission of the individual who set up the profile has creating some tensions regarding the privacy of information. However, it is clear under English law, that privacy laws are secondary to the court orders that allow divorce lawyers to access some information where financial deception is alleged.
Fearing a backlash from users, social media platforms have been quick to clarify their legal position stressing that access will only be granted where an official court order has been granted. This is important in ensuring that the privacy of the everyday user is protected while avoiding obstruction of the legal process.
Another new development in divorce law is the treatment of Bitcoins and similar online currencies. The value of these can be complex and divorce law specialists are growing to realise the role that they can play in covering up marital assets. One can therefore expect to see such currencies included within future divorce cases.
Looking for experienced divorce solicitors to help with your financial disputes? Look no further
Financial non-disclosure cases are tricky and require the oversight of specialist divorce solicitors. Our experts are well-practiced in this area and would be happy to help you get your fair share.
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