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Now trending: #socialmediaprenups

The discussion about a prenuptial agreement is considered a sore subject for many soon-to-be couples because these legal documents force people to consider the dissolution of their marriage before it has even begun. But as some of our California readers know from personal experience, these documents can be incredibly useful tools during the divorce process because they help give clarification on many issues that often create contentions during a divorce.

Many prenuptial agreements often include clauses that clarify how the relationship will be characterized and the expectations of either spouse during the course of marriage. A failure to adhere to any of these guidelines can mean that a spouse has grounds for a divorce, thereby enforcing the terms of the prenuptial agreement.

But with social media use on the rise, more and more couples across the nation are now adding in social media clauses to their prenuptial agreements. Generally speaking, social media clauses establish clear guidelines when it comes to what the other spouse can post on social media websites like Facebook and Twitter. The clauses may prohibit a spouse from doing something as innocent as posting a picture the other spouse finds embarrassing to as egregious as tweeting intimate details about their love life.

In most cases, the penalty for violating the terms of the agreement results in monetary compensation during a divorce.

Many family law experts warn though that social media can not only affect what goes into a prenuptial agreement but it can affect the divorce process as well. Even though many spouses usually feel scorned by their significant other and want to exact revenge using social media, this is often considered a bad idea as it could affect the outcome of your divorce. Some judges will take into consideration things that are posted on social media websites when making their decisions. Too many vicious posts can lead to an unfavorable outcome, caution some divorce experts.

Source: ABC News, “I Love You, You’re Perfect, but Watch What You Facebook: Social Media Prenups,” Lauren Effron, June 3, 2014