Why Social Media Plays a Role in a Prenuptial Agreement

As always the case, technology plays a serious role in all of family law, in this case specifically – divorce law. Why? Consider social media for one thing. In a divorce proceeding, one spouse has to be very clear about what social media can bring about, so it’s no surprise that many family lawyers will actually include something called a “social media clause” in a prenuptial agreement.

Why is social media such a big issue? Think privacy. Think reputation, asset protection, even domestic violence. These days you can really harass just about anyone via text and hardly get any repercussion for it unless specifically addressing a certain cyber-law of some kind. When it comes to divorce, though, it’s pretty smart to include such a social media clause to ensure neither side engages with social media to invade each other’s privacy, tarnish each other’s reputation, or destroy businesses. Consider that fair and equitable treatment.

This is especially true for the “texting generation,” younger couples who utilize technology to communicate on a regular basis. With a social media clause in a prenuptial agreement, you standardize the types of posts allowed to be used on any social media site, and if either side violates the agreement via social media, typical consequences can be anywhere between $10K to $50K in penalty fees.

No one wants to face emotional distress, libel, or slander. Social media does make it a lot easier. That doesn’t mean you can’t use social media at all. Just be careful, in this case, when using social media. A few words online can spread like wildfire across the world, and when you put a divorce in there, that can open up an unwanted Pandora’s box of pain.

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