Social media clauses in prenups
Social media is a huge part of our daily lives – it keeps us well-connected and sharing updates with the world has never been so easy. However, the convenience of social media has its downfalls, too.
Couples are now going to great lengths to prevent social media from ruining their relationships. That’s where the ‘social media prenup’ comes in.
What is social media provision?
Following the breakdown of a relationship, people can often become angry and bitter at the situation. Instead of consulting the ex-partner in person, many now take to social media to express their frustrations. It can be anything from speaking badly about that person, to posting intimate photos online to humiliate and cause pain.
However, the US has now introduced the ‘social media prenup’. Similarly to a regular prenup, it refers to the agreement by both parties ahead of a marriage to determine what happens should the relationship end.
The social media prenup focuses on how partners conduct themselves online in the event of a divorce. It will likely prohibit posting potentially damaging content, such as intimate photos. That’s because one bad post can leave a mark on that person, impacting their reputation and potentially ruining future career prospects, or even leading to potential criminal proceedings in the worst of cases.
Penalties
If one partner breaks the rules of the prenup, they will have to pay a penalty, which is decided beforehand by the couple. This will usually be a monetary penalty and the offending partner will have to pay their ex-partner a specific amount for each of the violations.
This is referred to as a misconduct clause, which can also be used in regular UK prenups. As divorce is a personal and sensitive issue, it should not be discussed on the internet for all to see. Putting something in place to prevent this from happening is worth considering if you believe you’ll have issues, should the marriage come to an end.
Enforcement
When drawing up a prenuptial agreement, it’s important to have the appropriate legal enforceability when drafting a misconduct clause. To ensure the agreement has the right enforcement in place, it must meet the following criteria:
- Mutual agreement: Both parties must agree to include this clause when signing the social media prenup.
- Sensible penalties: Penalties must be discussed before signing. The clause should not impose harsh penalties as such, but they should come with reasonable consequences when breaking the rules of the agreement.
- Proper documentation: The misconduct clause must be correctly documented and written in the prenuptial agreement.
Seeking the advice of a family lawyer can help you navigate the complexities around social media prenups and misconduct clauses. And, such lawyers will offer you support and guidance, whether you’re considering signing a prenup or dealing with the divorce.
