"Social media" clauses are quite common in American prenups and are beginning to be adopted in English prenuptial agreements. Maeve O'Higgins explains why.
The significance that information and photographs posted on social media sites (for example Facebook and Instagram) can have in divorce cases is generally well-known.
It is not surprising therefore that some engaged couples in the UK are now starting to think about including "social media clauses" - prohibiting the posting of nude photographs, embarrassing pictures, or any information likely to damage a spouse's reputation - when negotiating the terms of a prenuptial agreement.
Such "social media" clauses are quite common in American prenups and and are becoming more usual in English prenups; with a financial penalty being stipulated for any breach of the clause - the going rate being about £30,000 (for a partner worth about £3 million) for each malicious tweet, or post, in the event of any breaches of such a clause.
So far as I am aware, the use of such social media clauses has not been tested in any court case in England as yet, so….. watch this space!
Family Law Partner, Moon Beever
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