Rise of Social Media Clauses in Prenuptial Agreements
15 February 2021
It is becoming increasingly common for young couples to ask about ‘social media clauses’ in agreements such as prenuptial agreements. There is question as to the enforceability of such clauses, particularly where the freedom of speech is so heavily relied upon.
A prenuptial agreement is a formal agreement between couples which is typically designed to take effect upon the breakdown of a marriage. In Northern Ireland, although they are not legally binding, they may be relied upon in Court. The contents of the agreement may prove influential.
It is inevitable that couples today are concerned as to their online reputation in the event of a divorce. No-one wants unpleasant or defamatory comments made about them on social media, especially following the breakdown of a relationship. More and more couples draw up contracts about what they can and cannot post online. These clauses can range from an unflattering beach photo, to the more serious, ‘revenge porn’.
These types of actions by an ex-spouse can be hurtful and humiliating, and predictions show that Social Media clauses will become more frequently requested in the future.