If you pick up almost any glossy magazine in any supermarket you
will be bombarded with stories of celebrities, relationships and
breakups. Separation is never easy but living in a fishbowl can
create even more tension and result in very messy divorces with
private information available for friends and family and, in the
worst case, splashed over the tabloids.
In any family law matter confidentiality and privacy are
important, no-one wants other people knowing about the most
intimate details of their relationships, especially their
Here are 5 Tips from a Family Lawyer (that celebrities could
learn from) about keeping your breakup private:
KEEP IT OUT OF COURT
Although the Family Court has strict rules and guidelines
prohibiting the publication of material that identifies parties to
proceedings, if possible, it is better to stay out of Court. Where
possible you should try to settle your matter by way of
confidential settlement conferences or mediation. By appointing an
experienced Family Lawyer you will dramatically improve your
chances of reaching a binding, private agreement at mediation.
DON'T USE SOCIAL MEDIA
The biggest mistake that people make after breakups is posting
their feelings, frustrations and venting about their ex partner on
Facebook. Anything you post on Facebook or other social media
outlets is in the public forum and can be used as evidence in a
family law proceeding.
If your ex tries to draw you in by posting negative comments
about you, do not retaliate, if you find this difficult then
de-friend your ex and do not look up their profile.
If your breakup is particularly painful and you are having
difficulty with your emotions, then take a break from Facebook and
other social media (perhaps even deactivate your accounts) and
instead find outlets by talking to a counsellor, health
professional or close and trusted family and friends.
THINK BEFORE YOU TEXT
Although it can be cathartic to type an angry email or text to
your ex venting your frustrations and emotions, resist the urge to
press "send". Sending angry messages almost always
results in a lengthy and damaging exchange – and all of your
emails and texts can later be used as evidence in your Family Law
Think before you text, if necessary write the message the day
before and then re-read it or have a trusted friend or colleague
read it before sending.
And if you still feel a burning desire to write the angry text
or email, then write it and delete it!
BE CAREFUL WHO YOU TALK TO
The world is small and with social media it is shrinking
everyday! As tempting as it may be to vent at that dinner party or
after work drinks about your ex and your break-up – resist
the urge. You never know who is listening and you can never be sure
how far the information will spread (and as with any game of
Chinese Whispers – you never know what message will
ultimately be delivered).
GET A PRE-NUP (BINDING FINANCIAL AGREEMENT) FROM A
"Pre-Nups" is the colloquial term given to Binding
Financial Agreements ("BFAs"). BFAs can be entered at any
time before or after commencing a de facto relationship or
marriage. BFAs can spell out what will happen to your property if
you separate and how you will manage your relationship and finances
while you are together. BFAs can also include confidentiality
provisions requiring the parties to keep the terms private and
confidential. BFA's do not have to be approved by a court so no
one else need ever know about them.
By entering into a Pre-Nup before or during your marriage or
relationship you can provide yourself with certainty and avoid a
long messy battle with your partner if you separate.
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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Sect.117 can deal with false statements and knowingly making false allegations of violence could justify a costs order.
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