A prenuptial agreement can provide protection for each individual before they choose to get married. Couples can have these documents written to cover everything from how to split business interests in the event of a divorce to what you can post online. That last part may have caught your eye, as it is a fairly new addition to prenuptial agreements in recent marriages.
Do they really work?
If drafted wisely, a social media provision should withstand a legal challenge. Not only that, but it should also deter the other party from choosing to violate the agreement. You can achieve this with a clear penalty for a violation — and the penalties can be severe. A violation of this provision could result in a financial penalty, with some couples listing a fee of $50,000 per violation.
With the cost that high, couples going through a split are sure to stop and think about whether a post or tweet is really worth the potential expense.
How do I make sure the provision is “drafted wisely” so it withstands a challenge?
It is important to make sure the provision, and the prenup as a whole, follows state law. If not, it is unlikely to survive a challenge. In Florida, this means the couple must have the provision written out and included in a document signed by both parties. It is unlikely a verbal agreement will suffice.
What should I include?
The strength of the provision is directly impacted by the language used to create the clause and the details will vary for each couple. However, some common examples include stating that neither can post a nude or embarrassing photo of the other or a post or tweet that could harm the other’s professional reputation. You can also state who would get ownership over any shared social media sites.
These are just a few considerations to discuss before putting together a prenuptial agreement. In addition to social media usage and business interests, couples should also discuss how they want to handle any family heirlooms, inheritance, and other important assets.
