Social Media Clauses for Prenuptial and Postnuptial Agreements

Social Media Clauses for Prenuptial and Postnuptial Agreements

Social media has revolutionized the way in which we express information about ourselves and our lives. For many, it is a way to keep up with family and friends that we are not close to, for others, it is a way in which to express feelings or emotions. Social media, however, has a significant impact on our relationships, romantic and platonic alike. It can be extremely difficult for a couple where one or both of the individuals involved in the couple express frustration or anger against their significant other online. What is worse, however, is where someone uses social media to hash out, embarrass or act vindictively against an ex-spouse, especially in the middle of a divorce when feelings of acrimony and bitterness run high.  

What is a “Social Media” Clause?

In the age of the Internet, sometimes couples, especially those who have a reputation to protect, have begun to impose “social media” clauses in prenuptial and/or postnuptial agreements to put in place an internet “gag order” to stop an ex-partner from posting or publishing any negative comments about their ex or the relationship. The prenuptial or postnuptial agreement may require a range of consensual arrangements in connection with what is or is not permissible to post online. For some, there may be a written consent requirement for whenever the partner/ex-partner would like to post a photo of the person. The “social media” clause may be more lenient and only require that there be a discussion about what each person is comfortable or uncomfortable putting online.

How Social Media Clauses are Applied in Court

The court system is having to determine the extent to which any social media violation will affect the rights of those who breached the “social media” clause. If an ex posts a tweet that attacks the ex-partner, would or should that be grounds for losing some or all of the alimony? The courts are seeing a rise of cases where they must determine not only if the post or published comment, image, or video rises to the level of breach, and if it does, whether the breach has enough of a negative consequence to justify damages.

Social Media in Child Custody Arrangements

There has also been a rise in the use of social media clauses in child custody arrangements where the clause may limit what and how much a parent can post or publish about a child or children outlined within the agreement. The clauses could be aimed at one parent or another, or worded to address what is acceptable or unacceptable behavior from both parents.

Tips for Including Social Media Clauses in Prenuptial or Postnuptial Agreements

If you are considering including into your prenuptial or postnuptial agreement a social media clause, there are some tips to help determine what should be included.

Most important, your social media clause should be as specific as possible to make sure you’re getting everything out of our social media clause that you need, all medium should be cited, as well as the type of content that is permitted or prohibited from being included. For example, it might be good to determine that anything that is objectively embarrassing, professionally-damaging, or offensive should not be permitted. You could get even more specific and state that your fights cannot be published and/or anything that you have said or done should not be included.

Experienced Family Law Attorneys in Mount Pleasant, Charleston Area

Social media clauses are just one type of provision that has become popular in prenuptial and postnuptial agreements. Contact Klok Law Firm LLC today for a free and confidential consultation regarding the types of clauses that should be included in your prenuptial or postnuptial agreement to help your rights be protected.  We are happy to help you today.

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