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Prenuptial agreements and social media

Learn how California couples can protect against future potential slander on social media with social media clauses in prenuptial agreements.

The world of social media has become a normal part of life for many people today. From business use to personal use, millions of people in California are active on social media platforms every day. The ease with which information can be posted and seen by many in an instant cannot be matched, making it highly powerful and possibly harmful.

Guarding against a negative use of social media

One area of danger with regard to social media activity is potential reputation damage and slander that can happen when a person posts negative comments, disparaging remarks or unflattering and even discriminating photos of a former spouse. It is to guard against this specific situation that many prenuptial agreements today include what are referred to as social media clauses.

Fox News reported on this new inclusion in many marital contracts identifying that one important element requires all provisions to be able to be followed or accommodated reasonably. Some of these areas are not black and white. For example, it might sound logical to stipulate that one person cannot post photos of the other. However, if the couple has joint children, a photo of a child at a milestone life event could logically include the other parent and be a reasonable item to post.

All stipulations regarding social media should have such situations factored in and also take into account the actual harm that could befall a person. Loss of business, for example, is one result that can make such a provision enforceable.

The many uses of prenuptial agreements today

As with prenuptial agreements from decades ago, marital contracts can offer protection of assets in the face of divorce and now even potential protection against personal reputation marring.

As noted in the New York Daily News, more and more people are getting married at later stages in life, giving rise to even more benefits of prenuptial agreements. When older persons marry, they may wish to ensure their assets or family heirlooms are kept by their biological children and not made part of some community property estate after they die. In this way, a prenuptial agreement is a useful corollary in the estate planning process.

Reasonable stipulations are a must

Whether related to social media or other topics, the Huffington Post points out the importance of maintaining a level of reasonableness in any provision of a marital contract. This can help to ensure the enforceability of an agreement should it ever be needed.

Working with experienced attorneys-one for each party-is always recommended when creating prenuptial agreements. Doing so can help to make sure all documents are legally binding.

Keywords: social media, prenuptial agreement