Integrating social media and prenuptial agreements

Social media clauses are now being integrated into prenuptial agreements to avoid embarrassment and more after divorces.

Prenuptial agreements have grown in popularity over recent decades. No longer are they only believed to be useful to the rich and famous. Everyday couples routinely enter into these marital contracts-and not always just to protect them against the possibility of divorces.

New uses for prenuptial agreements

For people who have been married before and who have minor children from those marriages, prenuptial agreements can be highly beneficial ways of detailing what financial or other assets will be reserved for those children. This form of agreement can allay fears of spouses-to-be as well as of former spouses, allowing all parties to maintain positive relations for the sake of the children.

Enter social media

While many people are finding prenups helpful in new ways, a recent report by Fox News brings discussions about protection in the face of divorce back to the limelight. With the advent of social media come new concerns among ex-spouses. The ease with which negative comments, photos or videos could quickly travel across the Internet has many couples integrating what are now called social media clauses into their prenuptial agreements.

The details of these clauses can vary from couple to couple but experts often recommend that the more specific the information in the clauses is the more enforceable and usable they will become. For example, it may not be advisable to request that no photos be posted on social media. For people with children, sometimes photos of their children will naturally include the other parent, making the broader "no photos" clause hard to truly follow.

In the event that a social media clause is violated, if the ex-spouse can demonstrate negative financial impact, that may go a long way toward receiving some compensation.

Discussions are important

A New York Daily News report states that the American Academy of Matrimonial Lawyers has noted an increase in the number of marital contracts between 2005 and 2010. Likewise, a surge in social media used as evidence in divorce cases has been noted over that time as well.

While the reasons for these documents may vary, the need to work with qualified attorneys when creating them remains constant. Couples considering marriage should discuss their situations and concerns together and with an attorney.

Keywords: social media, prenuptial agreements, divorce