Don’t let anybody tell you Facebook doesn’t matter.
It seems for a certain type of person, what’s said about them on Facebook really matters. So much so that clauses relating to Facebook are, by the look of things, finding their way into matrimonial settlement agreements, along with who gets the house, the car, the credit cards … (oh, and the kids).
A recent Court Judgment about a challenge to a document purporting to be a Matrimonial Settlement records the ex-spouses’ mutual concern about their ‘reputation’ … and contains clauses aimed at controlling what’s posted about them on Facebook!
4. [ex Husband] agrees …
f. To make no negative public or private statements about [ex Wife].
g. To make no Facebook comments or posts about [ex Wife] at all and to remove any and all negative Facebook posts and videos / audio of [ex Wife].
5. [ex Wife] agrees …
g. To make no negative public or private statements about [ex Husband].
h. To make no Facebook comments or posts about [ex Husband] at all and to remove any and all negative Facebook posts and videos / audio of [ex Husband].
i. To operate one Facebook account and to request Facebook remove and delete the xxx B [ex Wife] account. [Comment: Wow!]
j. To write an email to all people she sent the XX email on the xth of December to advising ‘All matters are resolved between the parties and that [ex Wife] has chosen to pursue other opportunities will not be having any further involvement with the [joint business] which is now being satisfactorily guided by [ex Husband]. A copy this email and the list of people it is to be sent to from the xth December distribution list is to be sent to [ex Husband] within 24 hours of signing this Agreement.
Of course, none of this was supposed to be publicly known …
7 That the terms and contents of this Agreement shall remain forever private and confidential between the parties and that this Agreement will not be discussed or disclosed to any other person apart from being absolutely legally necessary.
in a classic case of ‘The Law of Unintended Consequences’, a Court case between the former spouses disputing the legality of the [unwitnessed] ‘forever private and confidential’ [alleged] agreement resulted in a Judgement … which, as is normal with public documents like Judgements, was published at the Auckland District Law Society website and thus, shows up in Google. Forever, I guess. Sigh.
(Someone emailed it to me as I have had dealings with [ex Husband].)