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Prenuptial agreements evolving for modern-day divorce

Prenuptial agreements can be effective tools for protecting assets or even the custody of a pet should a marriage end in divorce. More recently, an increasing number of prenups have included an evolving aspect of an increasingly online society. What some refer to as a social media clause can protect an individual’s online reputation after a divorce.

Divorce rates currently hover at roughly 50 percent in Oregon and across the United States, which leaves a fairly wide opening for a potentially volatile ex to seek revenge with an unflattering photo. A social media clause inserted into a prenuptial agreement can specifically dictate that neither party can share unflattering, embarrassing or even nude pictures of their ex on any social media web site. One professional points out that the worry for this might stem from more than embarrassment, but also from a fear that a nude photo could possibly affect one's career.

This clause can hold individuals accountable for their actions after the split. If the other party breaks the clause, they may be subject to paying monetary sanctions. For some, this means simply not posting unflattering or inappropriate pictures of the other party, and for others, their clause might stipulate that no pictures whatsoever are to be shared following a breakup.

While prenuptial agreements are often a beneficial tool for the division of assets during a divorce, this relatively new clause can be an important aspect of the agreement in today’s society, when much of what we do is online or posted to social media web sites. Although some people in Oregon might question why such a clause might be necessary in the first place, safeguarding an individual’s personal and professional reputation for the possibility of a volatile divorce can be a smart move. In the event that an ex-spouse ignores the clause and posts pictures after a divorce anyway, it may be possible to collect financial reparations.

Source: Fox News, "Prenups evolving to include new 'social media clause'", Kyle Rothenberg, June 22, 2014

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