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Social media moves into prenuptial agreements

Social media clauses are among the newest elements to today’s prenuptial agreements. These marital contracts can help many couples.

The days when prenuptial agreements were used solely to protect extensive asset collections for wealthy persons are gone. Today’s marital contracts still offer such protection for separate and marital property in the face of potential and unfortunate divorces but they can also do so much more. Couples in New York who are considering marriage should educate themselves about the new ways that these documents can benefit them.

Social Media And Reputation Preservation

An article published by Fox News highlights one of the most modern trends in prenuptial agreements-the social media clause. This feature allows people to protect themselves against what could be very public slander via social media platforms by their former spouses. Stipulations can be made that bar partners from making negative statements about each other online or posting photos and other materials which could be taken in negative ways.

It is important to note that the provisions of such clauses should be within the realm of reasonable and also take into account the broader family when children are involved. A clause that prohibits the posting of all pictures of each other may not be realistic if in posting a photo of a child at a graduation event, the other parent is included. Additionally, all clauses should allow for ways to quantify any damages caused should they not be heeded. For example, a business owner should be able to link any lost business to statements made by a former spouse on social media.

Reasonableness Beyond Social Clauses

Even when not related to social media use, any stipulations in a prenuptial agreement should be logical and reasonable in the eyes of the court, as noted in the Huffington Post. It would not be considered reasonable, for example, to require that a spouse retain a select hair color or always wear red shoes when going out to dinner.

Estate Planning Aides

People who get married at later stages in life may have good reasons to want to identify separate paths for select assets after they die. This can be a way of keeping special family items in a certain family line and help to minimize conflict between adult stepchildren after the death of a parent.

Make It Enforceable

Whether the reason for creating a prenuptial agreement is to help determine how to handle the debts of the marriage or provide for future post-death asset planning, prenuptial agreements can be beneficial. Working with the right attorney during the process is always important and can help ensure enforceability should such contracts ever be needed.

Keywords: social media, divorce, prenuptial