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Prenuptial agreement topics may even extend to social media

A divorce attorney knows that prenuptial agreements can serve as a safeguard against property division disputes, in the event a couple divorces. Under Massachusetts state law, these written contracts allow the parties to make lawful limitations on the equitable division of property that would otherwise apply during a divorce.

If the validity of a prenuptial agreement is challenged during a divorce, a court may be called upon to interpret whether certain contractual terms were fair and reasonable at the time of signing. In that regard, a recent article stretches the scope of prenuptial agreements.

Specifically, the article explores a new trend involving digital agreements to limit the images that couples may post to social media sites like Facebook, Instagram or others. In the event of a divorce, such an agreement might set monetary fines for each violation. According to one news site, some agreements have even set $50,000 penalties.

Although a monetary fine might be an effective strategy for deterrence, there could be another benefit. By having a discussion about privacy concerns that results in setting boundaries, couples may be making a step in the direction of open and lasting communication.

According to one marriage therapist, social media postings may contribute to emotional tensions and hard feelings. Intimate pictures are an obvious example, but even seemingly innocuous photographs might be a source of discord if one spouse finds the posted content to be embarrassing.  

Although not every couple may feel the need to contractually define their social media boundaries, the post illustrates that a divorce and family law attorney can be helpful in meeting a couple’s needs -- even in unexpected or new territory.

Source: New York Daily News, “Legally binding social media ‘prenups’ aim to quash embarrassing Facebook posts,” Jenna O’Donnell, June 5, 2014

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