Facebook has recently announced that its user base has grown to 1.39 billion active monthly users, which has been defined as people who use the social network site at least once a month. This equates to about 20% of the global population. It is reported that more than one half of those users actually log into the site every day. In view of this, it is hardly surprising that reference to Facebook has become increasingly common in divorce cases. Images on Facebook are regularly cited as evidence of adultery or unreasonable behaviour. It is even suggested that Facebook can be the actual cause of the breakdown of a marriage resulting in a divorce if one spouse finds inappropriate messages sent by or to the other spouse on Facebook.
Facebook friends reporting spouses behaviour can also contribute towards the relationship breakdown. Facebook messages are also used as evidence in financial proceedings associated with a divorce, for instance to support allegations that one spouse is cohabiting with a new partner or that their financial circumstances are a lot better than made out by them. It is not uncommon in a divorce case for a party to make out in the financial proceedings that he or she is penniless but then on Facebook boast about how well they are progressing in their business.
Furthermore, Facebook messages are increasingly being referred to by the parties in proceedings involving children. For instance there have been occasions when parents have denied the use of drugs but Facebook messages have been produced showing a party taking marijuana or other drugs. Therefore anybody sending a Facebook message needs to be extremely careful what they say as their message can be used as damning evidence against them.
In a very recent development with Facebook in the United States, a New York Judge has this month given a Manhattan woman permission to serve her divorce papers via a Facebook message. It is reported by the Daily News in New York that Victor Sena Blood-Dzraku will be served with the divorce summons via a private Facebook message. In this case it is claimed that the husband has no fixed address or place of employment and has refused to make himself available to be served with divorce papers.
Following on from this divorce case, it would not be surprising if, in the future, similar applications to issue divorce papers via Facebook messages were now made in the Family Courts in England and Wales, in appropriate cases where the Respondent party has no forwarding address and no other method of service is available. It is expected that in such situations it would be necessary to prove that the Facebook account belongs to the other spouse and that he or she consistently logs into the account and would see the petition for divorce. In the New York case cited above the Judge directed that the Facebook message should be repeated once a week for three consecutive weeks or “acknowledged” by the hard to find husband and this would amount to proper service of the proceedings.
This case does demonstrate the rise in social media, in particular Facebook, as a means of global communication. It also serves as an official acknowledgement that the Courts appreciate its increasing importance.
For advice on Divorce and Family Law, please contact our specialist family law team on 0113 320 5000 or by email@email.
