Family law: Social media clauses in prenups, custody agreements

It seems that social media has taken over how people live their lives and conduct business. Social media sites have wonderful benefits, allowing people to keep in touch with others despite distance and years. However, they have a downside as well; it is almost impossible to limit who sees information posted on social media. Even if a user has tight security settings, his or her connections may not keep pictures and other information private. As a result, many people in Pennsylvania are turning to social media clauses in legal arrangements related to family law.

A social media clause can be utilized in a variety of different ways. Primarily, a clause in a prenuptial agreement, for example, would prevent a person from sharing information about a person’s personal and business life unless he or she receives written consent prior to posting a picture or information. These clauses prevent certain others from sharing information that is determined to be protected.

Many people going through a contentious divorce appreciate these clauses as they prevent an estranged spouse from posting private information. Additionally, they can be used as part of child custody arrangements, detailing what can be shared through social media about a child. In order to enforce the clauses, they often state that a fine will be paid if violated.

Many issues involving family law can be sensitive. Because there can be little true control about who sees information posted on social media — and it is virtually impossible to completely remove information once it has been posted — some people in Pennsylvania use social media clauses in order to protect their privacy. An experienced attorney can help people better understand their options as they plan for a marriage or divorce.

Source: Forbes, “Changing Your Relationship Status This Valentine’s Day? Consider A Social Media Clause“, Jeff Landers, Feb. 9, 2016