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February 26, 2019

Digital Spying and Its Role in UK Divorce



Digital devices such as smartphones and computers are part of our everyday lives. While these tools are generally beneficial and are already ingrained in almost every aspect of life, there are dangers that lurk when digital media is used to gain an advantage over someone. The risk that we take each day is by using these devices as a repository for private information.



Many people assume that cyber security is only a problem when you get hacked. However, it is more common to be spied on by people who are close to you than by a stranger. Relationships, for example, are increasingly becoming complicated because of the convenience of using digital tools to spy on a partner or spouse.

Cyber spying between couples in the UK

The Computer Misuse Act of 1990 expressly identifies hacking into your spouse or partner’s email or voicemail as illegal. But 30% of married couples in the UK admit to reading their partner’s emails, text messages, and other digital communication without asking for permission. Cyber crime offences such as these can lead to legal trouble, especially when the relationship is already on the path to divorce.

Digital spying and divorce

Distrust in marriage is the primary cause of digital intrusion. In this day and age, it is easy to gain access to your partner’s email account, read text messages, and monitor a social media account, all through your smartphone. Whether spying is the cause for the separation or a factor that aggravates it, many divorce proceedings today almost always involve one or both the parties having done some form of digital spying.

Ironically, however, an ongoing divorce happens to encourage couples to spy on each other digitally. For example, if one of the parties would like to get conclusive information about his or her partner’s conduct during the marriage, an attempt to perform some independent detective work may lead to some advantage during the proceedings.

Nevertheless, since digital spying is still a crime, using digital tools to get information about your spouse is never a good idea as it can lead you to pay a fine or get imprisoned for up to 12 months.

Preventing cyber spying during a divorce proceeding

Protecting yourself from digital spying is not always a central point discussed when you receive initial legal advice, but it is crucial to take this into account because online accounts between couples are usually connected to their finances as well as other sensitive information pertinent to the proceedings.

Changing passwords regularly is one of the most straightforward steps you can take to protect yourself. If you and your spouse have accounts synced in the cloud, you may want to look into unlinking your devices because if your partner can access your cloud account, he or she can read your emails and text messages without you knowing.

The bottom line is, divorce proceedings are always stressful and painful for couples, especially when children are involved. Spying on your partner to get an advantage will only put you in a legal bind, so do not be tempted to try it.



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