Divorce Attorney Cape Town

Beware the love tweet


Social networking tools such as Facebook, Twitter and MXit are becoming the easiest way to prove marriages have irretrievably broken down in contested divorces.

NIVASHNI NAIR | 10 October, 2011 00:44 – Times Live

A wealthy Durban doctor created a fake Facebook profile as a “hot young thing” to gather evidence against her husband in their divorce battle.

A Johannesburg businessman installed cameras in the study where his wife logged on to social networking sites so he could capture her “wild affairs”.

Cape Town divorce lawyer Bertus Preller said it would be wise for unhappy couples to watch what they post because it could come back to haunt them.

“Posting status updates and uploading photos of otherwise fun-filled events on social networks have led to an overabundance of evidence in divorce cases,” he said.

“According to the American Academy of Matrimonial Lawyers, 81% of its members have used or faced evidence plucked from Facebook, MySpace, Twitter and other social networking sites, including YouTube and LinkedIn, over the past five years. In South Africa, the situation is the same.”

Preller said almost one-third of his caseload involved contested divorces in which evidence from Facebook, MXit and Twitter was used to prove that the marriages were over.

“Although adultery is grounds for divorce, one must show that there has been an irretrievable breakdown of the marriage. But in contested divorces, one party will want to show otherwise, therefore evidence needs to be brought in to show that the marriage is over,” he said.

“These days, the first thing that clients do is go to Facebook or Twitter to get evidence. Often people do not log off their profiles or delete their inbox messages, making it easier for their spouses to gather evidence.

“So if you forgot to de-friend your wife on Facebook while posting vacation shots of your mistress, her divorce attorney may just be thrilled about you doing that.”

He said betrayed spouses went to great lengths to source evidence.

“Some have downloaded technology surveillance software to obtain information that will otherwise not be obtainable.”

A Durban doctor and mother of two, who spoke on condition of anonymity, wanted to catch her husband “in the act” to show the court that their marriage was “definitely over”.

“I created a profile and became his friend. We exchanged inbox messages three times and, on all three occasions, as he tried to convince me to go out to supper with him, he repeatedly said he was not married.

“He even said he didn’t believe in marriage and was not ready to settle down,” she said.

Although her divorce has not yet been finalised, the woman is confident that her “investigative skills will nail him”.

“I don’t think any judge would want me to stay with a man who said he doesn’t believe in marriage and is not ready to settle down.

“It hurt me at first because we have been married for 18 years, and have teenage sons, but I got over it when I saw the look on his face when I produced evidence.”

Facebook Leads to Divorce in South Africa?


The number of divorces occurring because of Facebook and other social networking sites has been on the rise since these sites have become increasingly popular, research claims. These sites are being utilized more and more by unhappy individuals to seek out and have an affair and cheat on their partner.

Facebook is now being cited in almost one in five of online divorce petitions, attorneys have claimed.

People will post just about anything on social networking sites. And the information can be used against them.

The social networking site, which connects old friends and allows users to make new ones online, is being blamed for an increasing number of marital breakdowns.

Divorce lawyers claim the explosion in the popularity of websites such as Facebook and Bebo is tempting to people to cheat on their partners. Suspicious spouses have also used the websites to find evidence of flirting and even affairs which have led to divorce.

One law firm, which specialises in divorce, claimed almost one in five petitions they processed cited Facebook.

An American insurance company, in defending its refusal to pay out a claim, is seeking to call in evidence personal online postings, including the contents of any MySpace or Facebook pages the litigants may have, to see if their eating disorders might have “emotional causes”. And the case is far from a lone one. Suddenly, those saucy pictures and intimate confessions on social networking sites can be taken down and used in evidence against you in ways never dreamed of.

Flirty emails and messages found on Facebook pages are increasingly being cited as evidence of unreasonable behaviour. Computer firms have even cashed in by developing software allowing suspicious spouses to electronically spy on someone’s online activities.

One 35-year-old woman even discovered her husband was divorcing her via Facebook. Conference organiser Emma Brady was distraught to read that her marriage was over when he updated his status on the site to read: “Neil Brady has ended his marriage to Emma Brady.”

Last year a 28-year-old woman ended her marriage after discovering her husband had been having a virtual affair with someone in cyberspace he had never met. Amy Taylor 28, split from David Pollard after discovering he was sleeping with an escort in the game Second Life, a virtual world where people reinvent themselves.

Around 14 million Britons are believed to regularly use social networking sites to communicate with old friends or make new ones. The popularity of the Friends Reunited website several years ago was also blamed for a surge in divorces as bored husbands and wives used it to contact old flames and first loves.

The UK’s divorce rate has fallen in recent years, but two in five marriages are still failing according the latest statistics. Mr Keenan believes that the general divorce rate will rocket in 2010 with the recession taking the blame.

In the US, a sex assault victim seeking compensation faces the prospect of her MySpace and Facebook pages being produced in court. In Texas, a driver whose car was involved in a fatal accident found his MySpace postings (“I’m not an alcoholic, I’m a drunkaholic”) part of the prosecution’s case.

According to an article in USA  research by the American Academy of Matrimonial Lawyers conveys that, over the last five years, 81% of divorce lawyers have either utilized or encountered evidence from social networking sites. Facebook is the most cited, appearing in 66% of cases using subpoenaed Internet evidence.

Now, the problem here is not the sites themselves. Marriages break up for the most ancient of reasons, power struggles, lack of kindness, loss of love, hurt, money problems, infidelity and the like. The Internet doesn’t cause marital problems (people do) but it can make matters worse.

Infidelity is without doubt, easier because of the sheer access to so many potential lovers. Gambling takes on new forms (like a poker addiction) found in one’s living room computer. But anonymity is not what one likes to think, because the Internet also makes it easier for the offending spouse to get caught.

The double life you try to lead on the Internet might just come back to haunt you. Lawyers know how to find information you’ve posted on social networking sites that you thought had been kept hidden. Sage advice: Like driving a car, it is a good idea to know about the power of technology before using it and finding yourself in trouble.

Source: TechJournal

Compiled by:

Bertus Preller is a Divorce and Family Law Attorney in Cape Town and has more than 20 years experience in law and 13 years as a practising attorney. He specializes in Family law and Divorce Law at Abrahams and Gross Attorneys Inc. in Cape Town. Bertus is also the Family Law expert on Health24.com and on the expert panel of Law24.com and has written a number of articles in local newspapers on Family Law issues in South Africa. His areas of expertise are Divorce Law, Family Law, Divorce Mediation, Custody (care and contact) of children, same sex marriages, unmarried fathers rights, domestic violence matters and international divorce law.

January is Divorce Season in South Africa


Divorce Season

Divorce Attorneys are being flooded with inquiries from unhappy couples following a festive season loaded with over-spending their budgets and obviously too much time spent together.

The number of divorces instituted during December and January is triple than that of the other months, according to top Cape Town Divorce Attorney Bertus Preller at Abrahams and Gross Inc. who handles matters in Cape Town and Johannesburg. “The number of enquiries from spouses about filing for divorce increases to about six times the normal amount during this season”, he said.

It is a well known fact that Divorces in January dramatically escalate, because of spouses being forced to spend time more time together on holiday during which time they come to the conclusion that they are completely incompatible. People often overspend on money during the festive season and, “when there’s a financial breakdown, often the whole marriage breaks down comes to a halt.

Social Networks like Facebook, Myspace and Mxit also light the fire for possible affairs outside the marriage; it’s so much easier these days to make contact with the opposite sex. “I see a lot of cases where men and women provide evidence of the other parties’ extra-marital affair on Facebook and Mxit”, says Preller.

An unopposed divorce settlement could take up to three months to resolve and would cost anywhere between R6000 and R12000. In bigger divorces cases, where there are large estates and the parties quarrel for every last cent, it can cost as much as R1-million.

“Altough January and February are the season for divorce in South Africa, I do believe that a lot of divorces are unnnecessary and that many couples can in fact reconcile, the first issue I always clarify with my client’s are whether a possibility exist to make things work”, says Preller.

Divorce and Family Law Attorney Bertus Preller already has more than 1500 Twitter followers follow at @edivorce.
Source: Newsbreak
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