Be careful what you say…

It was recently reported that in the context of her divorce proceedings an accusation has been made against pop star and TV presenter Mel B that she sought to intimidate witnesses who were due to appear in her divorce case. Given that the source of the reports seemed to be principally gossip websites, it is impossible to say what truth, if any, lies in the stories. However, it does raise the very interesting topic of 21^st Century communication, and what it can mean for those litigating over matters connected to their separation.

For the vast majority of family lawyers, our focus is always to assist our clients in trying to find a resolution to financial or child related matters resulting from their separation without asking the court to intervene. However, in some cases, an out of court resolution simply does not prove possible and in those circumstances as part of the presentation of a client’s case to the court, evidence in the form of productions will be lodged in order to support the position being advanced on our client’s behalf.

In the 21^st century world of communication where text messages, emails and indeed social media can form a permanent record of communication, this means that we are now regularly seeing documentation such as downloaded text messages and print outs from social media being used more and more frequently in divorce litigation.

For example, such communications can form part of the justification as to why a marriage has broken down irretrievably; a record of a commitment (financial or otherwise) made to the other party following on from separation and a record of the manner in which one party is communicating with the other on matters such as the care arrangements for their children.

While it is of course impracticable for anyone to live their relationship or their marriage as if it might come to an end one day and censor all communication accordingly, for those individuals already embroiled in a contentious separation or indeed a deteriorating relationship, then our advice would always be to exercise caution and restraint in communication and social media that can be all too easily reproduced.

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For More Information Contact:
Sally Nash
Mobile: 07487 802 488
Direct Dial: 0141 285 4793
Email: snash@gilsongray.co.uk

For More Information Contact:
Philippa Cunniff
Mobile: 07487 800 526
Direct Dial: 0131 285 4792
Email: pcunniff@gilsongray.co.uk

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The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any of the information contained in this blog, please seek specific advice from Gilson Gray.