Social Media Pre-Nups Are A Thing Now

During a break-up is when things can really get hairy


by Fiona Byrne |
Published on

In the age of over-sharing, a new phenomenon is taking over pre-nuptial agreement world: The social media pre-nup.

What’s this now? Well, basically it’s an agreement that bans your husband/wife-to-be from posting anything potentially embarassing online without your prior consent. Examples include unflattering pictures and the like. Remember Russell Brand posted that picture of Katy Perry in bed without make-up? Well, that probably wouldn’t have happened if they were ‘on the same page’ re. social media.

ABC News says loads of couples are now actually creating legally binding contracts, in which both parties agree to only post material online that their other half agrees to, and if they break the contract they have to pay out large sums of money. One ‘penalty’ can be as much as $50,000, depending on income. The contracts also include prohibiting the posting of images if the couple breaks up, as well as ‘leaking’ homemade porn online. Obvs.

One New York-based lawyer, Ann-Margaret Carrozza, works on pre-nups daily, and says that in addition to regular pre-nup stuff, a third of her clients have started requesting agreements relating to social media.

Nude photos, generally embarrassing photos or photos that could have a negative impact on a person’s professional reputation all fall under the social media clause in such agreements, and Carrozza told ABC that a swimsuit picture would probably have to be ‘cleared’ before being posted on Instagram or Facebook. Or, for example, a picture of one sitting on the loo, which may seem utterly hilarious to everyone* but the person on the loo*.

Many pre-nup lawyers apparently agree that it is important to get on the same page regarding social media before any damage is done.

Arguing over social media posts is one thing when you’re in love with someone, but during a break-up is when things can really get hairy, as we’ve all seen on our Facebook feeds. From the sudden change in relationship status, to the emo Maya Angelou quotes, to straight up ripping someone to pieces on your timeline and giving away their deepest secrets, these are things you cannot take back. Although these agreements may seem a little crazy, if they at least force your spouse or ex to think twice before posting damaging images or information, then maybe they’re actually worth it.

In fact, it seems the general advice when going through a break-up is to skip the social stuff completely ‘till you’re done. Case in point: The split of Jamie Bell and Evan Rachel Wood. She announced via Twitter that she’d be taking a little social media break for a bit, while he deleted his Twitter account completely.

It’s a whole new world, innit.

Picture: Getty

This article originally appeared on The Debrief.

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