${site.data.firmName}${SEMFirmNameAlt}
Your Solutions Start With A Phone Call
Schedule A Free Consultation
Oak Park: 708-358-0901
Oak Brook: 630-684-2290

More couples signing social media-related prenuptial agreements

Thanks mainly to movies and media coverage, nearly everyone knows what a prenuptial agreement is. These agreements – signed before a couple weds – serve to prevent disputes in the event of a divorce. They typically involve such things as property division, allocation of premarital debts and spousal support. What is much less known, however, is that this type of agreement can be used to dictate "lifestyle" behaviors like religious preference of the couple's future children and where the couple will live. 

Now that hundreds of millions of people around the world are connected through social media networks like Facebook, Twitter and Instagram, a new niche prenuptial agreement provision is becoming more common: a "digital" prenup that regulates the content each spouse posts about the relationship. 

Some believe the trend is a knee-jerk reaction to the trend of so-called "revenge porn" wherein a former spouse or partner posts intimate photos of the other spouse or partner following a break-up. Social media prenups work similarly to traditional premarital agreements in that these documents are signed before the marriage (if the agreement is signed after the couple has wed, it is known as a "postnuptial agreement"), are legally binding, are enforceable in a court of law and provide penalties should one party deviate from the stated terms. Instead of dictating property issues or alimony, though, these agreements may have provisions that:

  • Prevent spouses from using certain language when posting about each other
  • Prevent the distribution of private photographs without permission
  • Dictate the terms of splitting online accounts, photographs, websites, blogs, etc., should the marriage end
  • Prohibit posting videos of one spouse without that spouse's prior knowledge and permission
  • Other relationship-based provisions to suit the couple's unique personal preferences

Given that social media is so deeply entrenched in our society and our lives are increasingly accessible through digital channels, these prenuptial agreements make sense for many couples. What about you? Would you sign a social media prenup if your future spouse asked you? Regardless of whether it's right for you or not, the topic is definitely something that requires consideration. 

Source: New York Daily News, “Legally binding social media ‘prenups’ aim to quash embarrassing Facebook posts,” Jenna O’Donnell, June 5, 2014. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Oak Park Office
1101 Lake Street
#402B
Oak Park, IL 60301

Phone: 708-358-0901
Fax: 708-358-1335
Map & Directions

Oak Brook Office
1415 W. 22nd St.
Oak Brook, IL 60523

Phone: 630-684-2290
Map & Directions