Social media clauses gaining popularity in prenuptial agreements

On behalf of Stange Law Firm, PC posted in Family Law on Monday, October 20, 2014.

Prenuptial agreements have long been a hotly contested area of family law. Many claim that they are simply a necessary precaution that couples can use to protect their separate property in the event of a divorce, while others claim that it shows a lack of trust and suggests that one or both parties believe the marriage might fail. Regardless of which side of the platform you stand on, a product of the digital age is making its way into prenuptial agreements, and it just might cause you to take a second look.

Social media is a global phenomenon that affects the lives of nearly every American, including Missouri residents. While these digital platforms for connecting with people have revolutionized our social lives, they have brought with them a danger that previously did not exist. In an effort to keep their private lives private and their reputations intact, some couples are including clauses in a prenuptial agreement that prevent divorced or divorcing couples from posting nude or embarrassing photos. Statistics indicate that the vast majority of divorce attorneys claim that social media is gaining an increased presence in divorce proceedings.

While prenuptial agreements have long been considered insurance against losing assets in a divorce, they are also now becoming a defense mechanism against vengeful ex-spouses who may seek to harm their former partner’s reputation or social life. In most of these clauses, there is a monetary penalty for breaking the clause, but as with most aspects of a prenuptial agreement, and marriage in general, the key is communication.

Of course the simple answer is not to send nude photos of yourself to anyone, but that is simply not the world we live in. Many individuals and couples exchange nude photos for a variety of reasons, not considering the consequences of their actions if things turn bad. While we may not always have control over what happens to those photos, a prenuptial agreement could give you the security you need.

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