Facebook Flirting Causes One-in-Three Divorces

Facebook flirting and comments contribute to an increasing number of divorces, underscoring how social media is affecting privacy and family interactions.

Facebook flirting and divorce

Facebook flirting and divorce

One-third of 2011 divorce cases in England implicated Facebook as a cause, according to a survey conducted by a U.K.-based divorce website. The 5,000 people polled cited three reasons for listing Facebook in divorce petitions, including sending inappropriate messages to the opposite sex, posting negative comments about exes on the social network, and friends disclosing a spouse’s behaviour.

The survey highlights how burgeoning social media use blurs the line between public and private. The nature of Facebook, Twitter, Google+ and other social media outlets encourages free-spirited commenting, posting and sharing of information.

However, what’s posted on social networking sites may not be as private as users think.

When marital problems or other difficulties arise, social media postings are subject to closer and wider scrutiny and take on a new life, often as evidence in custody battles and divorce cases. For example, a Connecticut judge ruled one couple must share social media passwords as part of their divorce agreement, leading to speculation about how and by whom the photos, comments and personal information people share can be used.

Legal experts assert as social media sites grow in popularity, people must be vigilant about what they post and refrain from making disparaging remarks or gossiping with friends about a spouse, children or other parties in a case.

People need to be careful what they write on their walls, as the courts are seeing these posts being used in financial disputes and children cases as evidence” said Mark Keenan, a spokesman for Divorce-Online.

Divorce cases aren’t the only personal legal matters involving social media postings. Apple recently fired an employee who ranted about his job on Facebook, and termination procedures were launched against a New Jersey teacher who called her students “future criminals” on the social network.

Incidents like these could lead users to edit what they do and say on sites out of fear of future recrimination, or even pull away from them altogether, an unwelcome trend for companies like Facebook and Google.

In response, both Facebook and Google+ strengthened privacy controls in recent months to help users feel more secure. Facebook’s “smart lists” and Google+’s “circles” features allow users to more tightly control who can see and share their posts and comments.

Site-based privacy controls can help protect users during normal, day-to-day interactions, but during a personal upheaval like a divorce, a list of trusted “friends” may suddenly turn out not to be so trustworthy, highlighting a need for increased user responsibility alongside better privacy protections.

(Source: Forbes.com, 3/01/2012)

About Rushmore Forensic

Andrew Firth is a director of Rushmore Group. He has conducted numerous investigations, business valuations and other forensic accounting engagements in Australia, Singapore, the UK, Thailand, Hong Kong, Vanuatu, and the USA.

He specialises in assisting people going through divorce and provides other forensic accounting services for commercial disputes.  He is a member of the Institute of Chartered Accountants and has appeared as an Expert Witness in numerous jurisdictions. For more information or to arrange an appointment, please contact us or call now on (02) 8019 7262.

What assets are commonly missed when a property settlement is being determined?

When it comes to detailing the marital assets and liabilities, many people forget to include small business ventures.

You may have a home business, internet business or other venture that generates income. These businesses need to be valued and included in the joint assets and liabilities. Valuing a business of this type will always involve a degree of judgement and we recommend that a valuation be conducted. It can be surprisingly how often the value of a business can represent a large component of the net marital assets.

If you are currently separated, it’s important to try and obtain copies of as much documentation as you can in relation to these types of businesses. Examples include: bank statements, invoices, BAS Statements, Financial Statements and other correspondence. The documentation will assist in the preparation of a valuation.

If your divorce ends up in Court then the valuation can be used as evidence of the value of the business, or more commonly it will assist you and your ex partner in coming to a negotiated settlement.

If you would like more information about valuing a business as part of a property settlement then please contact us for an obligation free discussion.

Facebook used in 90% of divorce cases

A divorce lawyer says Facebook and social media are used in 90 percent of her divorce cases.

You get a little bit of everything that happens on Facebook” said Carin Constantine.

Everything from clients coming in with pictures of the opposing party doing a keg stand with high schoolers… to teenagers drinking alcohol served by a parent… to a picture of a husband at a nightclub dancing with a babysitter.

A recent survey by the American Academy of Matrimonial Lawyers found that Facebook is cited in one in five divorces in the United States. Also, more than 80 percent of divorce lawyers reported a rising number of people are using social media to engage in affairs.

There are times when my paralegal and I sit in this office and laugh because people are stupid. They put things out there on the internet that can last forever” Constantine said.

Divorce attorneys are becoming internet gurus. Because websites like Yahoo and Google cache images as soon as they’re put online, Constantine says she can find pictures from Facebook accounts that have been deactivated.

She simply goes to Google Images, types in the person’s name and searches through every single page of returns.

Those pictures are still accessible by us, and we can still print them and we can still use them as evidence in your divorce case” Constantine said. And that printed piece of paper can be attached to a motion within the hour.

The best advice, aside from deactivating your Facebook account, is asking friends and family not to post any pictures of you online, even if they don’t tag you.

The problem is, if you’ve got 400 friends, I assure you one of those friends [doesn't] have all the privacy settings correct” she explained.

And she, along with thousands of other lawyers, can find it.

(Source: WTSP News)

About Rushmore Group

Rushmore Group assists people going through divorce value businesses and maximise their property settlement. Rushmore Group operates in the US, UK and Australia.

Binding Financial Agreements

In Australia, there are three ways that a property settlement can occur:

1. An informal settlement: this is where the two parties agree amongst themselves on how the property should be split. This may or may not involve any paperwork or contractual arrangements.

2. Orders under the Family Law Act (“FLA”): The FLA applies to all people who are legally married and the marriage is recognised in Australia.

3. A Binding Financial Agreement: This is a legal agreement signed by both parties, under which both parties contract out of the FLA and enable a property settlement to take place.

A binding financial agreement is a technique that you can use with your partner to divide the joint marital assets. Before you enter into such an agreement, it’s important to consult a divorce lawyer to advise you on entering into such an agreement. It is a relatively new area of the law and there have been cases where binding financial agreements have been set aside by the Court.

If you are entering into a binding financial agreement or seeking orders in relation to a property settlement, and you or your partner own a business then it’s also important to obtain expert accounting advice to value the business and ensure that the property settlement does not result in paying excessive tax that could otherwise be minimised. A valuation for a business can have a significant impact on the overall assets available for property settlement and it’s therefore critical to obtain expert financial advice. In most cases, a forensic accountant familiar with the family law / divorce process will be able to assist you with these matters. We find that the cost of the advice is outweighed by the additional benefit flowing to the client.

There is no requirement for court approval or registration of a financial agreement, however both parties must have independent legal advice prior to its execution. A certificate of independent legal advice that is required to be annexed to the financial agreement must canvass two matters in relation to the party advised. This includes “the effects of the agreement on the rights of the party” and “the advantages and disadvantages, at the time that the advice was provided”.

Spouses may enter into a “termination agreement” that ends the earlier financial agreement entered into. Both parties must have  independent legal advice prior to the execution of a termination agreement.

About the Author

Andrew Firth is a forensic accountant based in Sydney. He is a Director of Rushmore Group and specialises in financial reconstructions, money tracing, divorce, and other forensic accounting engagements.

To arrange an appointment, contact us today.

Need help with Asset Searches?

If you are searching for the assets of an individual, company or other structure then you have come to the right place. Rushmore Forensic is comprised of specialist forensic accountants and investigators who may be able to assist you.

The exact approach employed when conducting an asset search will vary depending on the circumstances, however below is a ten step checklist which may assist you with your enquiries.

1. What information do you have to begin with? If you have an individual’s name then it will be useful to find any other information about them, such as their address. This can be done by doing a search on the online Whitepages. Alternatively you could use another online database such as an Electoral Roll search or at the other end of the spectrum; you may employ a private detective to follow the individual to a particular address. Always ensure that you use a reputable investigator and stay within the law. This will ensure that any information relating to your asset search can be admissible as evidence at a later date in Court.

2. The address. Once you have the relevant address, you can perform a property search with your state or territory’s Land Titles Office. If you have the physical address, you can perform a search and obtain the Folio Identifier of the property. Once you have the Folio Identifier you can then perform a Title Search on the property and determine the owners of the property.

3. Securities Commission Searches. Personal extract and Company extracts are commonly used when compiling information about an entity for an asset search. These types of searches can be performed online for a small fee and can provide useful investigative information for further enquiries.

4. Email records. Email can be a very valuable source of information. Provided you have accessed the email legally, it can lead directly to the relevant asset you are looking for. If you suspect that the asset is located overseas, then direct your search to emails from these types of email accounts. Scan the list of folders and see if you can identify any other useful information. Folders with the name “Personal” or similar names can often provide valuable investigative information.

5. Google. Often overlooked when conducting an asset search, a search on Google using different strings of key words can often reveal the information you are looking for. If you suspect that an individual has say purchased an overseas tourist property, you could search for “john smith bali resort”. Google regularly caches all the information on the net and it’s surprising what can be found using this free online tool.

6. Travel History. Do you have any other background information about an individual such as where they grew up and where they frequently holiday? This can lead you directly to an overseas city. Depending on how developed the country is and the legal system in that country, you may be able to perform both online searches or use a private investigator to obtain the relevant information.

7. Other Technology. Whilst it may be inappropriate (or illegal) to use in some circumstances, there are limited situations where a GPS locator can be placed on an object, such as a car that you own to monitor its movements. Typically the vehicle can then be tracked remotely on the internet and the whereabouts of the car can be tracked. This can be very useful in an asset search but is generally only used in specific circumstances. As we always advise, seek legal and other professional advice before you decide to employ such techniques.

8. Other Forensic Technology applications. In the modern technological era, there are many electronic devices that retain useful information. A Forensic computer expert can extract data from a variety of devices. This can include a printer, mobile phone, blackberry, other P.D.A device, desktop or laptop computer and memory sticks. Forensic technology professionals are even able to recover deleted files from these types of devices. The information recovered from these devices may lead to the asset you have been searching for.

9. Credit Card Statements. A review of an individual’s credit card statement can be surprisingly effective at locating assets. Once you have obtained the credit card statement it may show information that can be used to conduct other searches. For example the location of a restaurant can be found by typing in the vendors name into Google. This may indirectly assist you in your asset search.

10. Bank Statements. If you have access to bank statements of the individual or company in question may show large round numbered transfers or other suspicious transactions to other entities or to other countries. This information may directly lead to the assets in question.

As can be seen, there are numerous techniques that a forensic accountant can assist you with in relation to an asset search. The exact techniques will be dependent on the client situation and will depend upon your relationship with the individual or company concerned. Asset searches can have mixed results but in particular circumstances, they are well worth the time and cost that’s incurred. If you are concerned about assets being transferred out of your control then our experts at Rushmore Forensic will be happy to discuss your requirements in a confidential manner. Rushmore Forensic have expertise in divorce, commercial litigation and other forensic accounting engagements. Please contact us to arrange an appointment in our North Sydney or Baulkham Hills offices.

Capital Gains Tax (CGT) and Divorce

CGT and Divorce

Where there is a breakdown in a personal relationship, and the ownership of an asset changes, there is a CGT relief measure that applies.

Q. I am in the process of a divorce settlement. Together with my former spouse we own two investment houses and a business. We have decided to split 50-50, with her taking the investment houses and I keep the business, which she has not being involved in. She is taking the CGT into account for the houses and I’m not sure of the legalities of the CGT for the business and rental houses. All were purchased after 1993.

A. It’s interesting when you do a search on capital gains tax and divorce there is very little listed as being produced by the ATO. One of the few things that the ATO does offer is a list of assets that are CGT exempt. These include:

  • an asset acquired before September 20, 1985
  • cars, motorcycles and similar vehicles
  • compensation received for personal injury
  • disposing of a main residence
  • a collectable – for example antiques or jewellery costing $500 or less
  • a personal use asset acquired for $10,000 or less – for example, items such as boats, furniture, electrical goods and household items used or kept mainly for personal use or enjoyment. Land and buildings are not personal use assets
  • disposing of an asset to which the small business 15-year exemption applies
  • the exchange of shares and units owned in a company or trust that is taken over, if certain conditions are met, and
  • shares in a company or interests in a trust where there has been a demerger and certain conditions have been met.

Although not strictly an exemption, there is capital gains tax relief that applies where the ownership of an asset changes as a result of divorce. The relief is in fact not optional and must be applied where a legally binding agreement has been entered into. This could be an agreement imposed by the family court or one mutually agreed between the parties to the divorce.

Under the rollover relief that must be applied in the case of a divorce agreement there are no capital gains tax implications for the person disposing of an asset. The person who receives the asset as a result of the divorce agreement takes over all of the CGT history related to the asset.

In relation to the divorce settlement with your wife this will mean the rental properties being transferred to her will be regarded as being purchased by her when you purchased them as a couple. There is no capital gains implication for you but she will pay CGT when she sells them if the net sale proceeds exceed the cost paid by you as a couple.

With regard to the business that you will be retaining, there is no capital gain payable by your wife. When the business is sold you may be able to take advantage of the various small business capital gains tax concessions. These include the 15 year asset exemption, the 50 per cent active asset exemption, and the retirement exemption. To be eligible for these concessions you must either have a turnover of less than $2 million or meet the other criteria.

(Source: CGT is as certain as death and taxes, Max Newnham, 28/3/11, SMH Money)

Further Information

If you would like further information about using our forensic accounting services for a divorce, litigation, asset search, or other forensic accounting matter, then please contact us for an obligation free discussion. We provide services to corporations, law firms and individuals in Sydney, Brisbane, Melbourne, Adelaide, Perth and across Australia. Call now on (02) 8019 7262.