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Does a social media clause make sense in a prenuptial agreement?

Prenuptial and postnuptial agreements are popular among many couples in the Houston area. They make sense for many couples, regardless of income. Usually thought of to protect a person's assets before they enter into a marriage, other conditions may be added as well. With the popularity of social media being at an all-time high, a social media clause may be something couples want to look into when drafting a prenuptial agreement or postnuptial agreement.

Because of the way social media is now being used by almost everyone, including employers, business associates, creditors, etc., most people want to protect their reputation. If a person going through a divorce has a vindictive ex-spouse, they can tarnish their reputation by posting publicly private messages, pictures, etc. A social media clause can make sure that certain information cannot be distributed without a person's written or electronic consent. It can include information about a person's private life, financial affairs, business or personal relationships, physical health and sexual relationships. The social medial clause can also prohibit an ex-spouse from posting pictures, videos, emails, texts and the like without the other's permission.

Social media clauses also come in handy for parents to limit what each parent says about the children on social media. Protection orders can also include social media clauses and can order an abuser to not communicate with the victim via social media along with the phone, email and other electronic ways.

If a social media clause is violated there is usually a fine that is imposed. Consequences of violating this clause will probably change as they become more common. An attorney skilled in family law can help a couple draft a prenuptial or postnuptial agreement that makes sense for both parties and protects their reputation in the event of a divorce.

Source: Forbes.com, "Changing your relationship status this Valentine's Day? Consider a social media clause," Jeff Landers, Feb. 9, 2016

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

She will take the time to understand your individual needs and develop a comprehensive solution to protect your rights and interests.

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