Preventing social slander in prenuptial agreements

Social media has become a primary part of many people’s lives today. This includes its inclusion in special provisions of prenuptial agreements.

There once was a time when prenuptial agreements were used rather rarely and only by a select, elite group of people. Over the years, however, this has changed quite a bit and more couples in Texas and around the nation have found new ways to utilize prenuptial agreements.

How prenuptial agreements can be used

The New York Daily News reported on a statistic from the American Academy of Matrimonial Lawyers that indicates a rise in the number of prenuptial agreements between 2005 and 2010. Some of the reasons for this change are because of societal shifts including:

  • More remarriages with minor children-As more couples get married after prior divorces, more people have a need to ensure their child support obligations will not become an obligation of the new spouse. This is one thing that can be stipulated in prenuptial agreements.
  • Later life marriages with adult children-When two people with already-adult children get married, both parties may wish to make sure that special belongings or assets are funneled to their individual biological children rather than to the adult stepchildren. In this way, a prenuptial agreement is a beneficial aid to estate planning.
  • Increased entrepreneurship-Small business owners can protect their business interests or assets via prenuptial agreements.

A new element in some prenuptial agreements may help protect individuals against some very public issues by preventing spouses from posting certain material or content on social media during or after a divorce.

Staying social but with care

According to Fox News, social media clauses should be very detailed and specific as to what actions are and are not allowable by both parties. They should also be reasonably able to be executed. A stipulation, for example, to never post a picture of the other person may not necessarily be practical because the posting of a photo including one's child may logically include the other parent. However, a stipulation to never post nude pictures of the other person would be considered reasonable and able to be both followed and enforced.

Persons who include social media clauses in prenuptial agreements should also determine the means by which actual harm could be proved as this may impact the enforceability of the agreement should it ever be required.

Getting legal input matters

Drafting a prenuptial agreement requires careful attention in order to ensure that the document is considered viable down the road. Working with an attorney who has experience in this area of law is always recommended.

Keywords: social media, prenuptial agreement, divorce

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