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
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
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
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.
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