If you are getting married and are contemplating a prenuptial agreement, chances are you are considering what you may deem as marital property (as opposed to separate property) and what rights you may be giving up by signing such an agreement. You may not be considering limitations of what you or your spouse may say or do over social media sites during the course of your divorce and beyond.
If you have not, you are certainly not alone. However, more people are considering social media clauses as part of their prenups. Such a clause governs exactly what it means; that posts and pictures on social media outlets are closely scrutinized and that both parties agree they will not make disparaging remarks about each other or post incriminating or embarrassing photos online in the event of a divorce.
Social media clauses are not just limited to celebrities who are tying the knot, but everyday people with penchants for sharing their lives online are getting into the act. After all, divorcing parties do not need celebrity status in order to act like vindictive children when they feel jilted by a spouse.
You may even think that if you even need a social media clause in your prenup, that the relationship itself has serious flaws and that you may want to consider not marrying the person. Nevertheless, it may be an opportunity to have a conversation about what is bringing you together. Either way, the prenuptial agreement must satisfy several requirements in order to be valid. If you have questions about these, an experienced family law attorney can help.
Source: Time.com “People are getting social media prenups,” Charlotte Atler, June 5, 2014