The importance of the communication you may have with your former spouse during and after a separation is often underestimated. We suggest that communications between you and your former spouse should be respectful, courteous and efficient. It should relate to financial matters requiring resolution or the children. Any communication you may have with your former spouse could, for example, appear in a letter from his/her lawyer or in an affidavit filed in family law proceedings. Accordingly, these communications may adversely impact the outcome of your family law dispute. It is crucial therefore that you are cautious about what you say and write that you keep any discussions/exchanges cordial.
Particularly in parenting matters it is important that all discussions remain child focused. Parties can often become embroiled in disputes about children which may be more focused on what they believe they are entitled to as opposed to what is in the best interests of a child, which is the paramount consideration of the family courts. It is not uncommon for this to occur.
A separation can be the most difficult time in your life. If your separation was acrimonious and you find it difficult to communicate at any level with your former spouse, then we suggest that in these circumstances it is best that you allow your solicitor to communicate with your former spouse or their opposing solicitor, on your behalf. This has the effect of streamlining negotiations and insulating you from any negative exchanges.
Communications can “make or break your case”. When taken out of context, they can paint a picture of you at your most vulnerable time, as the worst version of yourself. This can cover texts, emails, Instagram or
Facebook posts which can all be used as evidence in cases before the Family Courts.