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Social media clauses gaining popularity in prenuptial agreements

Many couples are choosing to include social medial clauses in their prenuptial agreements.

When couples decide to get married, the joy of the engagement may sometimes prevent them from planning for the possibility of the marriage not lasting “until death do you part.” Nevertheless, after an engagement – particularly for those with significant assets or individuals embarking on a second marriage – signing a prenuptial agreement before walking down the aisle is a wise idea.

Prenuptial agreements are changing with the times. Social media sites – such as Facebook, Twitter and Instagram – are popular ways for people to share their lives with friends and family. Many couples are quick to post announcements of their engagement on Facebook and other social media sites, but protecting their privacy on those same sites in the event the marriage does not last should also become a priority.

Many people are now choosing to include so-called social media clauses in their prenuptial agreements. Generally, these clauses provide that spouses are not allowed to post photographs or information that could harm the other’s reputation in the event of a divorce.

When a spouse is unhappy about the divorce in general or the specific terms of the divorce, it is common for him or her to take to social media to air grievances. Further, particularly unhappy spouses may take the opportunity to post an embarrassing photo of their ex for all their friends and family to see. With the addition of a social media clause, taking such action could lead to a monetary penalty for the offending spouse.

Prenuptial agreements rising in popularity in the US

According to a poll of the members of the American Academy of Matrimonial Lawyers, more people are choosing to protect themselves by signing prenuptial agreements before a marriage. In all, 73 percent of the respondents indicated an increasing number of couples decided to sign prenuptial agreements during the previous five-year period.

In Texas, prenuptial agreements are contracts that must be written and signed by both people entering into the marriage. Of course, like any contract, premarital agreements must be signed voluntarily by both parties. If it is shown that the agreement was not entered into voluntarily, it may be invalidated, and if the agreement does not conform to specific statutory guidelines, it may not be enforceable.

If you are getting married and you have not yet considered what will happen to your assets in the event the marriage eventually falls apart, you should contact an experienced family law attorney. A knowledgeable and competent legal professional can help you plan for your future and ensure your interests are protected.

Keywords: social media clause, prenuptial agreement, divorce