Should you have a social media clause in your premarital agreement?

Many couples are choosing to include social media clauses in their premarital agreements.

For many people these days, sharing the news of a recent engagement on Facebook and Twitter is part of the engagement process. These social media sites help the recently engaged announce their exciting news and act as a forum for friends and family to send well wishes to the couple.

What many people do not consider when planning a wedding, however, is how these same social media sites could be used against them if the marriage is not successful. When unhappy spouses decide to divorce, some take to social media sites to post embarrassing pictures of their significant other or to post negative comments about the marriage itself.

In an effort to avoid these difficult situations, many people are now choosing to include social media clauses in their premarital agreements. These clauses typically indicate that the spouses are prohibited from posting information or pictures that would harm the reputation of the other spouse. If violated, the clauses often provide for a monetary penalty.

While contentious divorces are sometimes hard to avoid, a social media clause in a premarital agreement can prevent your significant other from sharing the details of your unhappy marriage with your family and friends.

Basics Of Premarital Agreements

A premarital agreement is a contract entered into between two individuals preparing to marry. The contract must be in writing and is then signed by both parties. Of course, the contract must be signed voluntarily — individuals may not be coerced into signing a premarital agreement.

In addition to regulating social media behavior in the event of a divorce, premarital agreements have a variety of uses. Often, the primary purpose of a premarital agreement is to delineate how property will be divided upon a dissolution of the marriage. In addition, the future couple may determine what will happen to other financial accounts — such as retirement funds — in the case of a divorce.

It is important to note that there are certain issues that cannot be dealt with in a premarital agreement. For instance, a couple may not make agreements regarding child support or custody in a premarital agreement. If the marriage is not successful and the couple has children, custody will be determined based on what is in the best interest of the children.

If you are engaged or are thinking about getting married, you should take steps to protect your interests before entering into the marriage. Consider taking the time to discuss drafting a premarital agreement with a knowledgeable family law attorney before walking down the aisle.

Keywords: premarital agreement, divorce