November 26, 2025 • 17 mins
It's tempting to take to social media to air your issue with your ex. It's also fun to post pics of the girls trip you took post separation, but did you know those two things can impact your divorce?
We speak to a divorce lawyer about the rules of engagement when it comes to splitting up and your social media presence.
And in headlines today, A man has been killed by a falling tree during surging storms that left tens of thousands of people without power across NSW; 2 years after her murder, the state coroner will deliver her findings in the death of water polo coach Lilie James and the man who killed her; Some experts now believe the Reserve Bank is more likely to hike rates next than cut them, after a "concerning" inflation reading; Robert Irwin has won US Dancing With the Stars, a decade after his older sister Bindi took out the US competition
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Hosts: Taylah Strano & Claire Murphy
Guest: Breanna Farrell
Audio Producer: Lu Hill
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:06):
You're listening to a mum of mea podcast. Hi, I'm
Claire Murphy. This is Mumma MEA's twice daily news podcast,
The Quickie. According to the Australian Bureau of Statistics, there's
a significant spike in the number of divorces granted here
in Australia during the month of November, and there are
(00:27):
very practical reasons for that. But if you're one of
those who's going through the process of consciously, financially, emotionally
and physically uncoupling from your formally significant other, there are
a ton of things you need to consider. But have
you checked what you posted on social media? Before we
get into what things you should definitely not do online
when you're transitioning into your new lifestands partner. Here's the
(00:50):
letters from the Quickie newsroom for Thursday, November twenty seven.
A man has been killed by a falling tree during
surging storms that have left tens of thousands of people
without power across New South Wales. The seventy six year
old died on Wednesday afternoon after being struck by the
tree at Glenworth Valley on the New south Ward Central Coast.
The town of Nevertire west of Dubbo felt some of
the worst of the major storms that are currently blasting
(01:12):
eastern Australia, with lightning causing wall collapses on one property
and six others losing their rooms. Emergency services have received
more than one thousand calls for help across New South Wales,
with at least one hundred and twenty thousand homes in
New South Wales without power after wind gusts of up
to one hundred and nineteen kilometers per hour. Meanwhile, emergency
(01:32):
crews were also battling bushfires in Corower on the New
South Wales Victorian border and another in the Riverina. Firefighters
have been able to contain the Corolla blaze overnight, while
they're gaining the upper hand on the Rock fire. Tens
of thousands are also without power in Queensland as two
consecutive days of superstorms were declared a catastrophic event. The
damage bill from the storms is expected to surge into
(01:54):
the millions, as the Insurance Council of Australia confirmed claims
have reached twenty seven thousand, eight hundred and are continuing
to climb. Large parts of Queensland also continue to swelter
under head heat wave conditions with temperatures six to ten
degrees above the November average. Meanwhile, a cold front moving
across southern areas of the country is expected to trigger
(02:14):
stormy conditions and damaging winds across parts of South Australia
and Victoria. Ex Tropical Cyclone Feena was downgraded overnight but
is still impacting the northern parts of Western Australia's Kimberley
region with heavy rainfall and the risk of flash flooding.
Two years after her murder, the State Coroner will deliver
her findings in the death of water polo coach Lily
(02:35):
James and the man who killed her. James died after
Paul Tyson struck her in the head with a hammer
at least twenty five times inside Saint Andrew's Cathedral School
in Sydney in October twenty twenty three. The inquest was
told that the twenty one year old had ended her
casual relationship with her twenty four year old colleague five
days earlier, prompting him to stalk her and then plan
(02:56):
her murder. The inquest investigated issues such as coercive control
and unacceptable behavior and relationships, shining a light on the
misuse of technology to digitally monitor partners. When Miss James
had previously trying to break up with Tyson, the inquest
was told that he'd lashed out with degrading, derogatory and
manipulative language in a bid to control her. Tyzan is
(03:16):
believed to have taken his own life hours after Miss
James's murder. Some experts now believe the Reserve Bank is
more likely to hike rates next than cut them after
a concerning inflation reading, analysts were blindsided when the Australian
Bureau Statistics revealed yesterday the consumer prices rose by a
higher than expected three point eight percent in the twelve
months to October. The results shook the markets, which up
(03:39):
until a few months ago had been expecting the Central
Bank to lower the cash rate once or even twice
from its current level of three point six percent. Analysts
at investment banks Baron, Joey and Ubs tip the Reserve
Bank to now raise rates in twenty twenty six, but
economists that ain Z and Westpac are still holding onto
their predictions for at least one more rate cut in
(03:59):
twenty twenty six. Robert Irwin has one Dancing with the
Stars a decade after his older sister Bindy took the
US competition, The twenty one year old conservationist and his
professional partner, Whitney Carson, lifted the Mirror Bold Trophy after
battling it out against Alex el Jordan Chiles, Elaine Hendrix
and Dylan Ephron. Speaking after the result was announced and
emotionally overwhelmed her and said, my sister said it best.
(04:22):
Thank you for changing my life. That's what's happening around
the world today. Next getting divorced or thinking about it,
We've got some sage advice on what you really should
avoid posting online while you do it. While many couples
file for divorce in January after white knuckling it through
Christmas for the sake of the kids. Due to the
(04:44):
time it takes for couples to get their documents through
the court system, and that they have to be legally
separated for at least twelve months before they can even apply,
there is a spike in divorce finalization in the month
of November. Here in Australia. The divorce rate has actually
dropped slightly in the country in recent years. Some of
that's attributed to the cost of living crisis, I mean,
(05:04):
who can afford it? But that November peak means around
you right now might be a stack of women either
planning their divorce parties or waiting for that final sign off.
But before you start celebrating, there are some things you
need to be aware of. Things the court might take
into consideration when dividing up your assets and custody of
the kids, Like the things you post on social media.
(05:26):
Associates Solicitor at Atwood Lawyers, Brianna Farrell, joins us on
the Cookie Today to break down the do's and don'ts
of posting during a separation. Brianna, social media is often
referred to when it comes to divorce as the silent witness.
Can you just explain what that means?
Speaker 2 (05:41):
Yeah, of course. I think ordinarily you think of a
witness as though someone who can be cross examined, who
sits on a stand and gives their testimony. But in
circumstances where people are using social media as evidence, we're
not seeing a particular person on the stand or to
be cross examined. The material that's produced as speaks for itself,
(06:03):
and that's why we often refer to it as a
silent witness.
Speaker 1 (06:07):
Well, how seriously do courts actually take the things that
we're posting on social media when they are considering all
the things like splitting us financially and custody of children, Like,
how seriously is the court taking that?
Speaker 2 (06:19):
I think the court takes all evidence quite seriously. And
again it's in the context of and my favorite saying
is a lawyer. It absolutely depends in circumstances where one
party might be posting an exorbitant lifestyle or extensive travel
or hey, maybe we just picked up that new season
(06:39):
burkein right, the court might have some serious questions if
simultaneously that party is asserting to the court that they
have minimal financial means or you're seeking maintenance orders for example.
So I think that's when certainly the court might have
questions in that situation.
Speaker 1 (07:01):
I mean, most of us are guilty of making a
few things up for social media, making ourselves look happier
than we really are or richer than we actually are.
Like what if you're not buying that new season Berkin.
I don't know anyone who can, but like, say you
have a knockoff, or say you have a rental agreement
(07:22):
for example, Like do you have to prove all of
that if they're using that as evidence.
Speaker 2 (07:28):
Absolutely, and it's usually something as simple as a simple
explanation that can go a long way, And that's why
we have what we call the duty of full and
frank financial disclosure. So it's also a way that can
be used to defend yourself from these types of allegations.
Could be something as simple as disclosing a copy of
(07:49):
your lease agreement or giving further particulars about whether the
item was a gift from a family member or a friend,
or a birthday present. And that's not at all uncommon either.
So the court's not there to micromanage everyone or preventing
people from living their lives. It's just there is a
mechanism to make sure that all parties are adhering to
(08:12):
their duties of disclosure and making sure that everyone's being honest.
Speaker 1 (08:17):
Okay, to delete or not to delete? Do we comb
back through our social media when we are looking at
divorcing a partner and delete anything that might be taken
the wrong way?
Speaker 2 (08:27):
I think as a matter of practicality, it's important that
you refrain from posting anything that could be seen as
a dig or denigration of your former spouse. I think
we need to remember that our social media is not
our diary, and we probably shouldn't be treating our social
(08:48):
media like a diary, particularly in the context of a separation. Look,
if you wanted to be overly cautious, then absolutely it's
best to protect yourself from those allegations. If you think, oh,
maybe I shouldn't have posted hindsight is twenty twenty vision,
you may as well delete it if you think it's
necessary to delete it.
Speaker 1 (09:09):
Say someone's screenshot it and has it and then you've
deleted it. Does that look bad for you?
Speaker 2 (09:16):
Again? This is one of those situations where context is
really important. We all know, we all get frustrated. We're
all human beings. Human beings make mistakes in the heat
of the moment. If it's a situation where someone says,
puts the hand up and says, you know what, I
had a moment I posted that. Upon reflection, I probably
(09:37):
shouldn't have and I'm very sorry, and I'll refrain from
doing so in the future. I've since taken it down.
I know it's not appropriate and it won't happen again.
And to actually ensure that it doesn't happen again, that's
the best way I think you can manage that.
Speaker 1 (09:52):
What about when it comes to kids, like, say one
partner does not want the kids to be posted on
social media and the other one does, and say you
ignore that and post pictures of the kids anyway? Can
they get you into trouble when it comes to dealing
with say, visitation or custody matters when it comes to separating.
Speaker 2 (10:14):
We're finding now more and more that social media is
becoming a hot topic in parenting matters, particularly when it
comes to our minded children having a digital footprint before
they even are able to make these decisions for themselves.
If there's no current orders in place providing guidance on
how parents should be managing their social media posts and
(10:36):
posting of their children, there's not much the court can
do to reprimand that parent. But certainly if one parent
is concerned about that and has really strong views, then
it's up to them to bring forward some conversations around
that and seek that scaffolding be put in place. That
(10:59):
can be done by mutual consent. If the matter is
quite litigious and one parent is feeling quite strongly about that,
it's not unheard of to see parents seeking orders from
the court to prevent a parent from posting their children
on social media.
Speaker 1 (11:19):
What about if, honey, you mentioned it's probably not a
good thing to use your social media as your diary.
But for example, you have a bit of a moment
and you go on event, but you don't mention any names.
Can that still be used as evidence?
Speaker 2 (11:31):
It can, and it really depends on the amount of
detail that is in that post. Even if no names
are mentioned, certain details within a post concertately drive and
inference to people knowing who it is about, and that
can lead a person to hot water.
Speaker 1 (11:50):
Just the same, should you block your ex from your
social media or delete any followers who might be associated
with him or her when you're going through a separation.
Speaker 2 (12:03):
It's honestly a personal preference. In situations where a separation
is acrimonious or volatile, or there are safety concerns or
any concerns that they'll be monitoring or stalking or surveilling
your social media, then of course you should consider blocking
your ex spouse and their followers.
Speaker 1 (12:25):
What about if you are a social media influencer of
whatever level that might be, and you are posting about
your life, and you're posting about your family and that
might include your children. Is there a way to protect
that when you're going through a divorce if say, the
other partner doesn't want their family to be represented that
way anymore, Like do they get a say in that?
Speaker 2 (12:47):
It always depends if it were a litigated matter. There
may be questions around, well, this has been the status
quo for some time. It might be quite common for
one parent to be posting your family photos at Christmas,
involving the children and documenting and detailing their lives. The
court will have regard to matters of risk. They'll weigh
(13:10):
up the position of each spouse, what each party argues
about it, and ultimately a court can make a decision
either way.
Speaker 1 (13:18):
What about the actual social media accounts themselves? What if
you have a joint account or you have a family
account for example, that someone's been using, say to do
brand partnerships or promote certain things. Have we now gotten
to a point where it comes to divorce where sometimes
they have to be factored in as an asset the
social media account.
Speaker 2 (13:40):
Yeah, absolutely, and particularly a business entity, and so that'll
come into the joint property pool for example, and a
decision will have to be made as to whether or
not one spouse retains that asset. If that is the case.
Speaker 1 (13:59):
When some people are separated before they divorce, they might
start living life a little differently than what they did
with they were partnered up, Like maybe they're making some
different financial decisions. Maybe they're taking a holiday, maybe they
are buying things they wouldn't before, and maybe they're posting
about these things on social media where other people can
see it. Can that be used as evidence of you
(14:20):
using money that should be split up between you when
it comes to dividing your financial assets? Like could you
be forced to say pay back a holiday that you've
spent money on that everyone knows happened because you posted
about it online when it comes to dividing your financial
assets If.
Speaker 2 (14:36):
And that's a strong If a court were to consider
whether or not those funds should be added back, the
next question is, well, should they be added back on
a dollar for a dollar basis or should one party
end up with a percentage more? And a lot of
considerations go into whether or not that decision can be made,
such as was the expenditure reasonable in their circumstances and
(15:01):
maybe a holiday was reasonable? Did we take the kids,
did we plan for a long time was the money
used from post separation income.
Speaker 1 (15:11):
Have you seen social media now playing more of a
role when it comes to divorce discussions, like people bringing
posts from their exes and showing them and using them
as a tool to guide the divorce proceedings? Like are
we seeing it more influential when it comes to separating couples.
Speaker 2 (15:30):
We're certainly seeing an increase of people trying to use
social media as evidence in well, in all family law litigation,
and that can be in parenting and financial proceedings and
also domestic violence proceedings as well. What can start off,
as one might sought as a harmless private rant out
of pure frustration, and all of a sudden there are
(15:53):
now all of these allegations against a party for a
myriad of things. It could be that, you know, that
girl's trip is now evidence that someone is living above
their means or doesn't need maintenance support. And so I
think it's just really important that people remember to be
careful about what they're posting and who is able to
see that content once it's posted. And again, the court
(16:16):
will have regard to own a ray of pieces of evidence,
and social media, of course, is not the only one
a court may place higher regard to bank statements. For example,
just be really mindful and careful what you are posting.
I think prevention can sometimes be a lot better than
the cure later on down the track.
Speaker 1 (16:40):
Thanks for taking some time to feed your mind with
us today. If you've got a free moment or two
and I know hilarious with Christmas just a month away now,
But if you so happen to find yourself scrolling, could
you take a break for a sec and rate and
review us in your favorite podcast app. Your experience with
us helps others discover who we are to Also, you
can be a part of the Quickie team too if
you want. If you have a story idea, or want
(17:01):
us to explore something in a little more detail for you,
then hit us up. You can slide into our DMS
or send an email to the Quikie at mammamea dot
com dot au. The Quikie is produced by me Claire
Murphy and Our Group Executive producer Alaria Brophy, with audio
production by Lou Hill. Mamma Mea acknowledges the traditional owners
(17:23):
of land and waters that this podcast is recorded on
You're listening to a mum of mea podcast. Hi, I'm
Claire Murphy. This is Mumma MEA's twice daily news podcast,
The Quickie. According to the Australian Bureau of Statistics, there's
a significant spike in the number of divorces granted here
in Australia during the month of November, and there are
(00:27):
very practical reasons for that. But if you're one of
those who's going through the process of consciously, financially, emotionally
and physically uncoupling from your formally significant other, there are
a ton of things you need to consider. But have
you checked what you posted on social media? Before we
get into what things you should definitely not do online
when you're transitioning into your new lifestands partner. Here's the
(00:50):
letters from the Quickie newsroom for Thursday, November twenty seven.
A man has been killed by a falling tree during
surging storms that have left tens of thousands of people
without power across New South Wales. The seventy six year
old died on Wednesday afternoon after being struck by the
tree at Glenworth Valley on the New south Ward Central Coast.
The town of Nevertire west of Dubbo felt some of
the worst of the major storms that are currently blasting
(01:12):
eastern Australia, with lightning causing wall collapses on one property
and six others losing their rooms. Emergency services have received
more than one thousand calls for help across New South Wales,
with at least one hundred and twenty thousand homes in
New South Wales without power after wind gusts of up
to one hundred and nineteen kilometers per hour. Meanwhile, emergency
(01:32):
crews were also battling bushfires in Corower on the New
South Wales Victorian border and another in the Riverina. Firefighters
have been able to contain the Corolla blaze overnight, while
they're gaining the upper hand on the Rock fire. Tens
of thousands are also without power in Queensland as two
consecutive days of superstorms were declared a catastrophic event. The
damage bill from the storms is expected to surge into
(01:54):
the millions, as the Insurance Council of Australia confirmed claims
have reached twenty seven thousand, eight hundred and are continuing
to climb. Large parts of Queensland also continue to swelter
under head heat wave conditions with temperatures six to ten
degrees above the November average. Meanwhile, a cold front moving
across southern areas of the country is expected to trigger
(02:14):
stormy conditions and damaging winds across parts of South Australia
and Victoria. Ex Tropical Cyclone Feena was downgraded overnight but
is still impacting the northern parts of Western Australia's Kimberley
region with heavy rainfall and the risk of flash flooding.
Two years after her murder, the State Coroner will deliver
her findings in the death of water polo coach Lily
(02:35):
James and the man who killed her. James died after
Paul Tyson struck her in the head with a hammer
at least twenty five times inside Saint Andrew's Cathedral School
in Sydney in October twenty twenty three. The inquest was
told that the twenty one year old had ended her
casual relationship with her twenty four year old colleague five
days earlier, prompting him to stalk her and then plan
(02:56):
her murder. The inquest investigated issues such as coercive control
and unacceptable behavior and relationships, shining a light on the
misuse of technology to digitally monitor partners. When Miss James
had previously trying to break up with Tyson, the inquest
was told that he'd lashed out with degrading, derogatory and
manipulative language in a bid to control her. Tyzan is
(03:16):
believed to have taken his own life hours after Miss
James's murder. Some experts now believe the Reserve Bank is
more likely to hike rates next than cut them after
a concerning inflation reading, analysts were blindsided when the Australian
Bureau Statistics revealed yesterday the consumer prices rose by a
higher than expected three point eight percent in the twelve
months to October. The results shook the markets, which up
(03:39):
until a few months ago had been expecting the Central
Bank to lower the cash rate once or even twice
from its current level of three point six percent. Analysts
at investment banks Baron, Joey and Ubs tip the Reserve
Bank to now raise rates in twenty twenty six, but
economists that ain Z and Westpac are still holding onto
their predictions for at least one more rate cut in
(03:59):
twenty twenty six. Robert Irwin has one Dancing with the
Stars a decade after his older sister Bindy took the
US competition, The twenty one year old conservationist and his
professional partner, Whitney Carson, lifted the Mirror Bold Trophy after
battling it out against Alex el Jordan Chiles, Elaine Hendrix
and Dylan Ephron. Speaking after the result was announced and
emotionally overwhelmed her and said, my sister said it best.
(04:22):
Thank you for changing my life. That's what's happening around
the world today. Next getting divorced or thinking about it,
We've got some sage advice on what you really should
avoid posting online while you do it. While many couples
file for divorce in January after white knuckling it through
Christmas for the sake of the kids. Due to the
(04:44):
time it takes for couples to get their documents through
the court system, and that they have to be legally
separated for at least twelve months before they can even apply,
there is a spike in divorce finalization in the month
of November. Here in Australia. The divorce rate has actually
dropped slightly in the country in recent years. Some of
that's attributed to the cost of living crisis, I mean,
(05:04):
who can afford it? But that November peak means around
you right now might be a stack of women either
planning their divorce parties or waiting for that final sign off.
But before you start celebrating, there are some things you
need to be aware of. Things the court might take
into consideration when dividing up your assets and custody of
the kids, Like the things you post on social media.
(05:26):
Associates Solicitor at Atwood Lawyers, Brianna Farrell, joins us on
the Cookie Today to break down the do's and don'ts
of posting during a separation. Brianna, social media is often
referred to when it comes to divorce as the silent witness.
Can you just explain what that means?
Speaker 2 (05:41):
Yeah, of course. I think ordinarily you think of a
witness as though someone who can be cross examined, who
sits on a stand and gives their testimony. But in
circumstances where people are using social media as evidence, we're
not seeing a particular person on the stand or to
be cross examined. The material that's produced as speaks for itself,
(06:03):
and that's why we often refer to it as a
silent witness.
Speaker 1 (06:07):
Well, how seriously do courts actually take the things that
we're posting on social media when they are considering all
the things like splitting us financially and custody of children, Like,
how seriously is the court taking that?
Speaker 2 (06:19):
I think the court takes all evidence quite seriously. And
again it's in the context of and my favorite saying
is a lawyer. It absolutely depends in circumstances where one
party might be posting an exorbitant lifestyle or extensive travel
or hey, maybe we just picked up that new season
(06:39):
burkein right, the court might have some serious questions if
simultaneously that party is asserting to the court that they
have minimal financial means or you're seeking maintenance orders for example.
So I think that's when certainly the court might have
questions in that situation.
Speaker 1 (07:01):
I mean, most of us are guilty of making a
few things up for social media, making ourselves look happier
than we really are or richer than we actually are.
Like what if you're not buying that new season Berkin.
I don't know anyone who can, but like, say you
have a knockoff, or say you have a rental agreement
(07:22):
for example, Like do you have to prove all of
that if they're using that as evidence.
Speaker 2 (07:28):
Absolutely, and it's usually something as simple as a simple
explanation that can go a long way, And that's why
we have what we call the duty of full and
frank financial disclosure. So it's also a way that can
be used to defend yourself from these types of allegations.
Could be something as simple as disclosing a copy of
(07:49):
your lease agreement or giving further particulars about whether the
item was a gift from a family member or a friend,
or a birthday present. And that's not at all uncommon either.
So the court's not there to micromanage everyone or preventing
people from living their lives. It's just there is a
mechanism to make sure that all parties are adhering to
(08:12):
their duties of disclosure and making sure that everyone's being honest.
Speaker 1 (08:17):
Okay, to delete or not to delete? Do we comb
back through our social media when we are looking at
divorcing a partner and delete anything that might be taken
the wrong way?
Speaker 2 (08:27):
I think as a matter of practicality, it's important that
you refrain from posting anything that could be seen as
a dig or denigration of your former spouse. I think
we need to remember that our social media is not
our diary, and we probably shouldn't be treating our social
(08:48):
media like a diary, particularly in the context of a separation. Look,
if you wanted to be overly cautious, then absolutely it's
best to protect yourself from those allegations. If you think, oh,
maybe I shouldn't have posted hindsight is twenty twenty vision,
you may as well delete it if you think it's
necessary to delete it.
Speaker 1 (09:09):
Say someone's screenshot it and has it and then you've
deleted it. Does that look bad for you?
Speaker 2 (09:16):
Again? This is one of those situations where context is
really important. We all know, we all get frustrated. We're
all human beings. Human beings make mistakes in the heat
of the moment. If it's a situation where someone says,
puts the hand up and says, you know what, I
had a moment I posted that. Upon reflection, I probably
(09:37):
shouldn't have and I'm very sorry, and I'll refrain from
doing so in the future. I've since taken it down.
I know it's not appropriate and it won't happen again.
And to actually ensure that it doesn't happen again, that's
the best way I think you can manage that.
Speaker 1 (09:52):
What about when it comes to kids, like, say one
partner does not want the kids to be posted on
social media and the other one does, and say you
ignore that and post pictures of the kids anyway? Can
they get you into trouble when it comes to dealing
with say, visitation or custody matters when it comes to separating.
Speaker 2 (10:14):
We're finding now more and more that social media is
becoming a hot topic in parenting matters, particularly when it
comes to our minded children having a digital footprint before
they even are able to make these decisions for themselves.
If there's no current orders in place providing guidance on
how parents should be managing their social media posts and
(10:36):
posting of their children, there's not much the court can
do to reprimand that parent. But certainly if one parent
is concerned about that and has really strong views, then
it's up to them to bring forward some conversations around
that and seek that scaffolding be put in place. That
(10:59):
can be done by mutual consent. If the matter is
quite litigious and one parent is feeling quite strongly about that,
it's not unheard of to see parents seeking orders from
the court to prevent a parent from posting their children
on social media.
Speaker 1 (11:19):
What about if, honey, you mentioned it's probably not a
good thing to use your social media as your diary.
But for example, you have a bit of a moment
and you go on event, but you don't mention any names.
Can that still be used as evidence?
Speaker 2 (11:31):
It can, and it really depends on the amount of
detail that is in that post. Even if no names
are mentioned, certain details within a post concertately drive and
inference to people knowing who it is about, and that
can lead a person to hot water.
Speaker 1 (11:50):
Just the same, should you block your ex from your
social media or delete any followers who might be associated
with him or her when you're going through a separation.
Speaker 2 (12:03):
It's honestly a personal preference. In situations where a separation
is acrimonious or volatile, or there are safety concerns or
any concerns that they'll be monitoring or stalking or surveilling
your social media, then of course you should consider blocking
your ex spouse and their followers.
Speaker 1 (12:25):
What about if you are a social media influencer of
whatever level that might be, and you are posting about
your life, and you're posting about your family and that
might include your children. Is there a way to protect
that when you're going through a divorce if say, the
other partner doesn't want their family to be represented that
way anymore, Like do they get a say in that?
Speaker 2 (12:47):
It always depends if it were a litigated matter. There
may be questions around, well, this has been the status
quo for some time. It might be quite common for
one parent to be posting your family photos at Christmas,
involving the children and documenting and detailing their lives. The
court will have regard to matters of risk. They'll weigh
(13:10):
up the position of each spouse, what each party argues
about it, and ultimately a court can make a decision
either way.
Speaker 1 (13:18):
What about the actual social media accounts themselves? What if
you have a joint account or you have a family
account for example, that someone's been using, say to do
brand partnerships or promote certain things. Have we now gotten
to a point where it comes to divorce where sometimes
they have to be factored in as an asset the
social media account.
Speaker 2 (13:40):
Yeah, absolutely, and particularly a business entity, and so that'll
come into the joint property pool for example, and a
decision will have to be made as to whether or
not one spouse retains that asset. If that is the case.
Speaker 1 (13:59):
When some people are separated before they divorce, they might
start living life a little differently than what they did
with they were partnered up, Like maybe they're making some
different financial decisions. Maybe they're taking a holiday, maybe they
are buying things they wouldn't before, and maybe they're posting
about these things on social media where other people can
see it. Can that be used as evidence of you
(14:20):
using money that should be split up between you when
it comes to dividing your financial assets? Like could you
be forced to say pay back a holiday that you've
spent money on that everyone knows happened because you posted
about it online when it comes to dividing your financial
assets If.
Speaker 2 (14:36):
And that's a strong If a court were to consider
whether or not those funds should be added back, the
next question is, well, should they be added back on
a dollar for a dollar basis or should one party
end up with a percentage more? And a lot of
considerations go into whether or not that decision can be made,
such as was the expenditure reasonable in their circumstances and
(15:01):
maybe a holiday was reasonable? Did we take the kids,
did we plan for a long time was the money
used from post separation income.
Speaker 1 (15:11):
Have you seen social media now playing more of a
role when it comes to divorce discussions, like people bringing
posts from their exes and showing them and using them
as a tool to guide the divorce proceedings? Like are
we seeing it more influential when it comes to separating couples.
Speaker 2 (15:30):
We're certainly seeing an increase of people trying to use
social media as evidence in well, in all family law litigation,
and that can be in parenting and financial proceedings and
also domestic violence proceedings as well. What can start off,
as one might sought as a harmless private rant out
of pure frustration, and all of a sudden there are
(15:53):
now all of these allegations against a party for a
myriad of things. It could be that, you know, that
girl's trip is now evidence that someone is living above
their means or doesn't need maintenance support. And so I
think it's just really important that people remember to be
careful about what they're posting and who is able to
see that content once it's posted. And again, the court
(16:16):
will have regard to own a ray of pieces of evidence,
and social media, of course, is not the only one
a court may place higher regard to bank statements. For example,
just be really mindful and careful what you are posting.
I think prevention can sometimes be a lot better than
the cure later on down the track.
Speaker 1 (16:40):
Thanks for taking some time to feed your mind with
us today. If you've got a free moment or two
and I know hilarious with Christmas just a month away now,
But if you so happen to find yourself scrolling, could
you take a break for a sec and rate and
review us in your favorite podcast app. Your experience with
us helps others discover who we are to Also, you
can be a part of the Quickie team too if
you want. If you have a story idea, or want
(17:01):
us to explore something in a little more detail for you,
then hit us up. You can slide into our DMS
or send an email to the Quikie at mammamea dot
com dot au. The Quikie is produced by me Claire
Murphy and Our Group Executive producer Alaria Brophy, with audio
production by Lou Hill. Mamma Mea acknowledges the traditional owners
(17:23):
of land and waters that this podcast is recorded on
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