Sydney Office

Level 35
201 Elizabeth Street
Sydney NSW 2000

Melbourne Office

Level 4
99 William Street
Melbourne VIC 3000

Brisbane Office

Level 5
231 North Quay
Brisbane QLD 4000

Canberra Office

Level 5
1 Farrell Place
Canberra ACT 2601

Perth Office

Level 10
111 St Georges Terrace
Perth WA 6000

Armstrong Legal Logo

Privacy Policy  |  Terms & Conditions

Copyright © 2018 Armstrong Legal. All rights reserved.

Phone 1300 168 676

No Response to Text Message Equals Marriage Beyond Repair

In a time of instant communication and text messaging, not receiving an instant response can be irritating but for one Taiwanese couple it lead to the breakdown of their marriage and the woman filing for and being granted a Divorce.

The BBC reports that the woman sent her husband a text message via the online messaging application “Line” which also has a ‘read’ function. The read function can show a sender if the recipient has received and read the message. The woman is said to have sent her husband a number of text messages over a six month period via the application which showed the husband had ‘read’ the messages and ‘ignored’ the wife by failing to respond.

In the world of no fault divorce, there may often be a ‘fault’ attributed by one spouse to the other for the reason of the breakdown of the marriage, but the Court is often reluctant to attribute fault to either party in property proceedings, or in parenting proceedings, unless it places a child at a risk of harm.

Judge Kao in the Hsinchu District said “The defendant [Husband] did not inquire about the plaintiff [Wife], and the information sent by the plaintiff [Wife] was read but not replied to.” “The couple’s marriage is beyond repair.”

The move to accept text messages as evidence of a breakdown of a couple’s marriage is new but given the common use of instant messaging, whether it be text messages, Facebook instant messages or through a web application, it a sign of a move to accepting this type of evidence more frequently. It is also a warning to everyone else to be mindful of their actions through this type of communication.

In Australia, these types of text messages are used every day in family Courts. Whether it be to in relation to parenting proceedings, or service of a Divorce Application, we also need to take a moment to reflect on this instant communication and reconsider what we put into writing. In the context of parenting proceedings, parties must be very careful that their text messages with the other parent are polite and respectful in addressing the point, as they will likely be used against them in Court to show a lack of insight into co-parenting or inability to communicate effectively with the other parent.

In my experience, I have successfully used instant messaging to serve a party to proceedings with Initiating Court documents after difficulty in personally serving them. The client was then required to go on Affidavit as to the circumstances of the instant messaging and the response received to evidence service to the Court.

Instant messaging can be your friend or foe. You need to be careful in what is written and also what is out in the internet.

Unfortunately for this couple, it was the demise of their marital relationship evidenced by these text messages, and for the Taiwanese Court, enough to prove the marriage was irrepairable. In Australia, the irretrievable breakdown of a marriage is evidenced by a period of no less than 12 months separation.

Image Credit – Idprod ©

Written by Natasha Heathcote on October 9, 2017

Natasha has a strong passion for family law, and believes that the law can be used to achieve positive resolutions for her clients. When working with clients, Natasha shows compassion and first seeks to understand what is important to her clients, then looks for legal solutions that will best suit them. View Natasha's profile

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100