Can I Post About My Divorce?
Going through a separation and wondering what you can and cannot say online? The rule is narrower than most people think, and broader than others assume.
The Legal Requirement
Since 6 May 2024, section 114Q of the Family Law Act has made it an indictable offence to communicate to the public an account of family law proceedings that identifies someone involved. That covers a party, a witness, a person related to or associated with a party, and anyone else concerned in the matter. The maximum penalty is one year's imprisonment.
Key Points to Remember
There are three critical things you should know before sharing anything.
1. Not Using a Name May Not Be Enough
The test is whether the account contains material sufficient to identify the person to a member of the public. A photograph, a suburb, an occupation, a relationship, a property. "My ex" does not help if your readers can work out who you mean.
2. You Can Still Talk to Your Family and Friends
Private communication between a party and members of their family or friends is not a communication to the public. Nor is speaking to a professional such as your lawyer, or a counsellor, in connection with their practice. The law is about broadcasting, not about talking.
3. A Social Media Post Can Cross the Line
This is not limited to newspapers and television. A public Facebook post, or a message to a large group chat, may be a communication to the public even though a private message to your sister is not.
What Should You Do?
If you have already posted something and you are now worried about it, that is worth a conversation sooner rather than later. Contact our team to discuss your situation confidentially and ensure your online activity does not jeopardize your legal position.
General information only. This post is not legal advice.
