How Social Media Can Affect Your UK Divorce Case

Article summary:

• Social media posts can be used as evidence in UK divorce proceedings where appropriate
• Social media activity may affect decisions on finances, conduct, and child arrangements
• Posts and messages can contradict formal statements or financial disclosures provided
• Careful management of your online presence, especially during the divorce process, can help protect your legal position

Social media posts, photos and messages on social media platforms such as Facebook, TikTok and Instagram can be used as evidence about your finances, behaviour and parenting. This risks inflaming conflict, damaging your credibility, and even breaching court rules. For this reason, the safest approach is to avoid posting about your ex, your children or the case and to assume that anything you share online could end up in front of a judge. 

Mismatch between financial disclosure and social media

If your social media shows photos and videos of expensive holidays, luxury spending or side gigs that do not match what you put in your Form E or other financial disclosure, the other party may argue that you are richer than you claim. As a result, they may ask for a greater share of your assets or more spousal maintenance or child support. They might then push for bank statements, business accounts, tax records or historic statements to explain how you funded those trips or purchases, which can delay settlement, increase legal costs and damage your credibility with the court if it looks as though you have been hiding income or assets. In some cases, it may cause the court to question the validity of your disclosure and may even launch an investigation by a forensic accountant into your financial affairs. 

What are the implications of social media for divorce and child matters?

Where children are involved in a divorce, the court’s focus is always on their welfare. Social media can become relevant if posts suggest unsafe behaviour, ongoing conflict, involvement in late-night activities that affect parenting routines, or hostility towards the other parent. Messages and photos may also be used to show that a parent was not where they claimed to be or involved a new partner without agreement.

Remember, the courts are not interested in policing social lives, but they will take extremely seriously posts that relate to reliability, stability, or the child’s safety.

How can private messages affect divorce cases? 

Messaging apps (e.g. WhatsApp) often contain exchanges that matter in divorce proceedings. These may help show attempts to agree arrangements, breaches of earlier agreements, threats, or controlling behaviour. Even friendly conversations can become relevant if they affect issues such as separation dates or informal financial discussions. Solicitors often review these messages to assess whether they support or undermine your position before deciding whether to disclose them.

Can social media provide evidence of a new relationship?

Evidence on social media that someone is in a new relationship can affect your financial settlement agreement, mainly around ongoing needs and honesty. If posts suggest that a spouse is effectively cohabiting or sharing living costs with a new partner, the other side may argue that their outgoings are lower and that spousal maintenance should be reduced or not paid at all. If the new relationship was not disclosed in Form E or during negotiations, screenshots and posts can be used to challenge their credibility, support an application to vary an existing order, or, in serious cases, even justify asking the court to revisit a settlement on the basis of non‑disclosure.

How should I manage my online presence during my divorce?

Many Solicitors encourage their clients to limit online activity during their divorce proceedings. This may involve avoiding content that could be misunderstood, and being cautious with check-ins, stories, and photos. Family and friends may also need a reminder not to post about you or your children. Taking these steps helps prevent social media from becoming a distraction in your case.

How can social media posts support your divorce case?

Screenshots, messages, and posts provided as evidence must be accurate and presented clearly. Solicitors often check context and ensure the evidence is genuine before using it. It is important to bear in mind that the courts will only consider material that is necessary to understand the issues, but they increasingly accept that digital evidence can play a useful role. Your Solicitor can help decide whether this type of material strengthens or weakens your case.

Final words

Posts, photos, and messages can be interpreted in ways that affect how the court views key issues, including finances and child arrangements. Being cautious online and seeking early advice helps keep your case focused on the facts and reduces the risk of misunderstandings. Careful and measured management of your digital footprint will give you more control during what is often a challenging process.