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Social media prenuptial agreements may enter realm of divorce

When most people think about divorce, they consider what will happen with their children. Some people worry about their assets and division of property. Others are concerned about child support payments and visitation rights. Now, there is another item to consider and that is how your ex reports the details of your divorce while using social media.

A local reporter recently interviewed some Houston-based attorneys about the growing trend in couples getting their prenuptial agreements to address social media dos and don'ts following a split. One attorney interviewed said that the push to include the social media clauses are a natural development in a society where we can instantly upload our feelings about an ugly breakup. He says that it is a system that lends itself to the possibility of abuse. One such example could be a scenario in which one parent uses items posted on social media against another parent during child custody disputes.

The new social media clauses in the prenuptial agreement aren't just about what happens after a couple decide to separate. They can also include language that may actually prevent a marriage from falling apart. For example, couples could agree to refrain from discussing each other in a disparaging manner when posting on social media sites.

The trend is not without its detractors. One relationship expert says that the nature of marriage is unpredictable. She likened the new trend as an attempt to place guarantees on a situation that is constantly changing. The expert is onboard with couples having marital agreements to protect their children and their careers, but stops short of trying to regulate things like what color a spouse chooses to dye their hair or how they use social media.

Divorce is always a trying time for both parties, but proper planning prior to a breakup can prevent a lot of problems down the line. Things like raw emotions and hurt feelings can sometimes cause people to behave in ways that might damage the reputations of others. Having a solid marital agreement in place may help to reduce the chance of that happening.

Source:, "Prenuptial agreements add social media clause" Kristine Galvan, Jun. 24, 2014

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