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Should prenuptial agreements include social media contingencies?

With the increase in the use of social media, more couples include clauses in prenuptial agreements pertaining to social media use. What is posted on social media sites, including Facebook, Twitter and Instagram, could be a source of concern and marital tension. Prenuptial agreements can include practically any detail that is important to the couple, such as what is allowed to be posted publicly by the two spouses.

A prenup is a security measure that is designed to protect the interests of two individuals in case of a divorce (and even during the course of a marriage). Typically, these agreements include instructions on how finances will be divided and more. It is now more popular -- and even encouraged by family law professionals that Georgia -- that couples consider including restrictions in their prenup of social media use during the marriage and also in the event of a subsequent divorce.

Social media can be an outlet for frustration, but a divorcing spouse may feel uncomfortable by what his or her ex-spouse is posting about their lives. In certain situations, social media can be used as a "weapon" in order to inflict embarrassment upon the other party. When including social media clauses in a prenup, a Georgia couple may decide to be specific about what is impermissible in case of a divorce. A prenup can also include what a spouse can and cannot post while the couple is married.

A prenuptial agreement is often thought of as something that is preferred by wealthy couples with a considerable amount of assets. However, couples of all socio-economic classes can benefit from the protections that these legal agreements offer. Before marriage, a couple may elect to seek an evaluation to understand the benefits of drafting prenuptial agreements.

Source:, "Tweet and post limits work their way into prenups", Rachel Weaver, Aug. 28, 2014

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