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Social media and prenuptial agreements

Texas residents may be interested in a new trend that is arising across the country - the social media prenuptial agreement. With the rise of social media, people increasingly post large portions of their lives online for the world to see. However, when one spouse might be inclined to post what are thought to be attractive pictures of the other in a bathing suit, a social media prenup can help avoid issues.

The document is exactly what it sounds like, an agreement regarding what a spouse may or may not post about the other spouse online via social media. Social media prenuptial agreements can also spell out what consequences will arise if either spouse violates the agreement and posts unapproved material. The contract does not have to be a separate document. It may be included as a clause in a more traditional prenuptial agreement.

Once information is posted on the Internet, it is difficult to avoid the consequences. Humiliation can follow a person even after a picture is removed. A typical clause states that couples cannot post nude or embarrassing photographs of each other or anything that could harm a spouse's reputation at work. Most clients do not create separate policies for different types of social media, but instead go with a one-size-fits-all social media clause. One expert stated that the penalty for violating the clause is typically monetary, and is determined based on the spouse's income.

A family law attorney may be able to help engaged couples begin a conversation about what social media behavior is acceptable after the marriage occurs. It is important to help ensure that couples are on the same page. An attorney then may be able to help negotiate and draft a prenuptial agreement to provide insurance.

Source: ABC News, "I Love You, You're Perfect, but Watch What You Facebook: Social Media Prenups", Lauren Effron, June 03, 2014

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