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Couples using premarital agreements to control social media use

April 14, 2017

Connecticut couples typically use prenuptial agreements for asset protection, but a growing number of engaged pairs are adding other clauses to their prenuptial agreements, also known as prenups and premarital agreements. While some are so shallow as to add conditions about one’s appearance during the marriage, some premarital agreements are going as far as controlling a person’s tweets and posts on social media sites. As such, the question arises: Is this a good idea?

Many lawyers think so. If followed, the clause can make a divorce much more amicable and even prevent the split from happening altogether. With so many people using Facebook and Twitter to post every detail of their lives, one can imagine what a scorned wife or husband would put on social media for basically the entire world to see. The possibilities for abuse are endless.

Social media has the power to ruin one’s reputation, but in the same token, it can also be used as evidence in court. It can show that the party was verbally abusive or not a fit parent, if children are involved. It can also be used to catch someone in a lie. For example, if a person is asking for a huge settlement in the divorce because he or she claims to have no money, and is then seen vacationing in Facebook photos, which is evidence that can be used against the person.

Premarital agreements were created to handle financial issues, so it is possible that a court will refuse to approve a prenup that focuses on personal issues, such as social media. Marriages are supposed to focus on honest communication and compromise, and when frivolous issues need to be outlined in a legal document, it can put the marriage in a bad light before the couple even says, “I do.”

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