According to statistics, over 18% of our time online is spent on social media websites – it follows that it was only a matter of time before we heard of the ‘social-media pre-nup’ – stipulating that couples cannot share incriminating photos or posts about one another, at the risk of losing money within any subsequent, post-separation settlement. Whilst at present, this may be more common in the States, it is probably only a matter of time before couples in England & Wales follow suit.
The most common clause will probably state that couples cannot post embarrassing or nude photographs which may harm the other persons reputation onto sites such as Facebook and Instagram.
Whilst this may seem extreme, like any pre-nup, it can be beneficial to have a contract rather than just a convesration about what should happen if you separate. The advantage of these documents are that they are made when couples are still in love and acting reasonably, and so can help make it easier for them to take the sting out of any future post-separation disputes.
These types of pre-nups are untested, but with discussions of social media so prevalent in divorce cases, could this only be a matter of time?
If you wish to talk to one of our team about a pre-nuptial agreement call our Exeter or Plymouth solicitors on 01392 421777 or 01752 674999.