Division of Virtual Assets: The Social Media Prenup

June 20, 2014 9:00 AM

Wedding RingsUsually prenups are associated with rich celebrities and their multiple mansions, and they still are and “regular” married couples-to-be sign prenups as well, however a new type of prenup is on the rise–the social media prenup.

The social media prenup is basically a written legal document which determines what will be acceptable for a married couple to share online about each other, especially when it comes to photos and videos. Alternatively, depending on the solicitor/lawyer/attorney, a social media clause to the same effect can be added to a standard prenup.

These prenups  and clauses can include: not being allowed to post nude or embarrassing photos, videos, statuses and other types of posts that are likely to harm a spouse-to-be’s professional reputation or career. The consequences most likely to arise for a person who decides to exact revenge on their former spouse for leaving them, by posting that photo will be a hefty fine.

It may sound crazy in theory but in practice and in the future, it’s probably going to be the most sane and sensible thing to do when approaching marriage, if you and your spouse-to-be decides to go into a prenup. Think about it, most people have multiple social media accounts, they are easy to access from anywhere at anytime, once something is on the internet it’s there forever and it’s easier for a hurt and/or lousy spouse to post an embarrassing photo to exact revenge rather than taking money away from them.

Relationship StatusThis is sad to think about it, but it’s also realistic, especially where technology is heading in the future. When I was two, the World Wide Web took the world by storm, now two years old know how to use an iPad. Younger and younger are today’s children and teens learning quickly how powerful the internet can be both to enhance and destroy a person and their reputation. If this is any indication of the future and I strongly believe it is, teens in their first relationships will be drawing up or discussing social media prenups as much as adult soon-to-be married couples will. I also won’t be surprised if social media prenups will become a staple in both high school and university legal studies curriculums.

Whether soon-to-be married couples of the future will be drawing up social media prenups with their solicitors/lawyers/attorneys between picking a menu and organising the seating charts for their big day remains to be seen. But I won’t be surprised in five to fifteen years, if I come across an article in a tabloid magazine of a too-common celebrity divorce and there will be an entire section dedicated to how much they have to pay in social media prenup breaching fines, for posting that sex tape on YouTube.

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