Divorce in the digital age – Divorce

When faced with a topic we are unfamiliar with or that we find
daunting, more than ever before, we have tendency to go online and
“do our own research”, arm ourselves with knowledge and
draw our own conclusions before making a decision that is right for
us.

We may read about the lived experiences and opinions of others
who are going through or have gone through the same experiences as
we are faced with, find out what did or did not work for them and
use that information to inform our own actions.

Instant access to a plethora of information in the palm of your
hand at any time of the day is what leads us to Google our
ailments, attempt to self-diagnose our medical conditions and
inform ourselves of details of political crises and world events,
as opposed to more traditional methods of gathering information or
advice.

Google searches for the word “divorce” reached a new
record in Australia in January 2021, the peak of popularity for the
search term over the past 5 years.¹  

The keyword search of the word “separation” peaked in
popularity in March 2020 for the last 5 years in
Australia.²

Those increases are likely attributed to the pressure
relationships were under in the context of extended lockdowns, job
losses and general emotional distress in the COVID-19 pandemic and
in the context of those considering a separation or in the midst of
one already being unable to see a lawyer in person due to physical
distancing restrictions.   

However, a consequence of the pandemic is that individuals who
were already constantly online became extremely isolated and
inward-facing.

There are many Facebook groups in Western Australia alone which
state that their objective is to provide support and a forum for
parties to Family Court cases to ask questions and receiving
answers in relation to family law matters, including those who
intend to attempt to self-represent in their Family Court
proceedings.

Given that the information in these forums is based on one
person or group of people’s specific, individualised
experience, for obvious reasons, the advice provided on these
platforms cannot be relied upon. 

That people who are going through a stressful life event and are
in a highly vulnerable state may be relying on this advice in any
meaningful way, is concerning.

In posting details of their proceedings online, parties to
Family Court litigation risk breaching section 121 of the
Family Law Act 1975 (Cth) if the posts identify a party to
the proceedings, a person who is related to or associated with a
party to the proceedings (or alleged to be in any other way
concerned in the matter to which the proceedings relate), or a
witness in the proceedings. 

Before you, your friend, or family member Google, it is
important to bear in mind that nothing will entirely or adequately
replace obtaining tailored legal advice from an experienced
Australian legal practitioner for those considering separating or
are already going through a separation.

The conclusion of a marriage is never an easy thing. If you are
experiencing any problems relating to your separation or divorce,
please seek the assistance of a qualified legal practitioner.

Footnotes

¹ Google Trends data accessed on 12 January
2024.

² Google Trends data accessed on 12 January
2024.

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