Social media part of prenups becoming the norm

By admin
21 July 2014

Thinking about getting married? Well you might want to to add a clause prohibiting your spouse from posting naked or otherwise embarrassing photos of you on social media sites

Thinking about getting married? Well you might want to add a clause prohibiting your spouse from posting naked or otherwise embarrassing photos of you on social media sites.

As social media and the selfie craze takes over, so should couples be protected from their scorned exes.  And it seems that social media prenuptial agreements to avoid those embarrassing situations is just the thing.

A pre-nup or anti-nuptial agreement, is a contract  signed by a couple before they tie the knot.  Traditionally, it sets out the terms and conditions of the couple's proprietary consequences once they are married.  These include protection from your spouse's debt or from sharing certain assets.

According to the America's ABC News, an increasing number of  American couples seem to be going the "social media pre-nup" route.  A New York-based attorney Ann-Margaret Carrozza, was quoted as saying that for someone making less than $5 million in New York City, an embarrassing tweet, post or pic could cost as much as $50,000 per incident.

Pietermaritzburg attorney Gavin McLachlan said a prenuptial agreement was a "remarkably flexible" document. "Why should people try to control only social media behaviour?There would be nothing stopping them from declaring that they should also not embarrass each other at a social occasion."

The country's privacy laws were effective even without a prenuptial agreement containing social media clauses, he said.

The Law Society of SA's family law committee chairman, Susan Abro, said it was sensible to discuss all issues before marriage. "This could include having compromising photos of each other. Photos posted on social media sites and the internet are there forever.

"We might now have reached the time at which we have to consider the damaging consequences of uncontrolled sharing of information on the internet."

The Pretoria High Court last year ordered a man and his new wife to pay his former spouse R40 000 for defaming her on Facebook. The woman had turned to the court claiming that her former husband and his new wife were badmouthing her on Facebook.

Sources: philadelphia.cbslocal.com, cnbc.com, abcnews.go.com, iol.co.za

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