Social Media Prenups: What Are They and do You Need One?
Prenuptial agreements (prenups) come in all shapes and sizes. The couple focuses on issues and assets of importance, thus a prenup can be highly personalized. New times are calling for new precautions prior to getting married. Social media prenups are one of such precautions.
What is a Social Media Prenup?
The social media prenup is becoming increasingly common. As the name suggests, this is an agreement between people focusing on what can and cannot be posted via a social media platform following a separation.
A prenup could envision specific bans that will become effective during the divorce proceedings. Very often, bitter exes take it to social media to share their disappointment or post revealing/embarrassing information about their former partner.
The issue is becoming hotter by the day. Once information is published online, it will be there forever. A single Facebook post can easily destroy the reputation, the profession and the relationships that somebody has.
Numerous couples have already requested social media prenups, which is why standard templates are being drafted and offered by lawyers across the United States. Most of these standard prenuptial forms prevent the publication of nudes following a separation. They also prevent individuals from uploading embarrassing pictures or statements about the other party without their permission.
A violation of the terms of the agreement will most often lead to a monetary fine for the guilty party.
The Number of Couples Getting a Social Media Prenuptial Agreement is on the Rise
Millennials have had computer access since birth. This generation relies on internet channels to get information, share opinions and interact with others. As millennials are stepping in as the active members of society, the terms and conditions of marriage and divorce are starting to change.
Prenups featuring social media clauses are being signed more often than ever before.
According to an ABC News report, nearly one third of all individuals getting a prenup show some interest in the creation of a social media clause.
The report states that social media usage as a part of the divorce proceedings is on the rise according to 80 percent of questioned attorneys. People often take it to channels like Facebook to share their frustration with the world. This is why many divorce lawyers advise their clients to take a social media break while the separation is being finalized.
Some prenups feature fines of up to 50,000 dollars per transgression (an embarrassing photo or an aggressive tweet). Such hefty fines will make people think twice about doing something impulsive in an attempt to destroy the reputation of an ex.
Do You Need a Social Media Prenup?
If you are already considering the signing of a prenuptial agreement, including all possible post-divorce complications will be a good idea. A social media clause is great for protecting your reputation and discouraging rash behavior.
Technology can have a profound effect on your divorce. While Arizona is a no-fault divorce state and there’s no need to gather evidence against an ex, impulsive social media posting could be taken in consideration when child custody decisions are being made.
The specific terms, conditions and limitations are up to you and your partner. You probably have a lot of trust in each other and you don’t see a future in which revenge becomes a part of the everyday plot. Still, signing a prenup will give you peace of mind that both of you will get fairness in the case of a divorce. If you are avid social media users, a clause in the prenup can keep you from doing something stupid that both of you will end up regretting when the divorce proceedings are finalized.