There can be little doubt that since its launch in February 2004
Facebook has established itself as the leading social networking
site. Indeed, there must be few people who have neither heard of
nor looked at postings on Facebook. In view of its popularity
and the propensity of its users to post almost anything, no matter
how trivial it is perhaps unsurprising to learn that it has
recently been cited as a reason for a third of divorces in England
in 2011 in which unreasonable behaviour was a factor.
So what are the ramifications here in Scotland? Stuart
Valentine, Chief Executive of Relationship Scotland has been quoted
as saying ""This is a growing issue for couples. A very
significant number of people who approach us for help now cite
problems arising from the use of social media and Facebook in
particular."
Whether you are a married couple or in a civil partnership it is
possible that at some stage either you, your spouse or civil
partner will want to bring your relationship to a formal conclusion
i.e divorce or dissolution. In her blog "The way to a woman's
heart"
/blogs/family-law-blog/family-law-blog-posts/the-way-to-a-woman%E2%80%99s-heart
Susie Smith set out the grounds for divorce in Scotland and in
particular how irretrievable breakdown of a marriage can be
established. Two of the examples she gives are :-
Unreasonable behaviour - this can defined as
behaviour by one spouse/civil partner since the date of marriage or
civil partnership which is such that the other spouse/civil partner
can no longer be reasonably expected to cohabit with them.
This might include, for example heavy drinking. Accordingly
photographs and/or postings showing someone habitually "out on the
town" may be used as evidence of unreasonable
behaviour. Likewise having an intimate online relationship of
which the spouse or partner does not approve could be classed as
unreasonable behaviour.
Adultery - whilst forming a cyber relationship
clearly does not constitute adultery we are seeing an increase in
the number of cases where Facebook has led to the discovery of
infidelity.
Clients should perhaps be forewarned about using Facebook whilst
consulting a family law solicitor, given the potential for postings
to be used against them in any aspect of their case, be
it divorce/dissolution, financial matters or child
contact/residence issues.