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Advantages of Digital Privacy Clauses in Prenuptial Agreements

Posted on : February 21, 2018, By:  Christopher Hildebrand

Getting married is like entering into a business relationship.  Marriages mean there are deals to strike and compromises to make. But, unlike a business relationship that one can leave behind at 5:00, marriage is 24 hours a day. Though we hope for the best, it is best to also plan for the worst.  What if the marriage ends?

What is a Prenuptial Agreement?

A Prenuptial Agreement is a negotiated deal between two people heading into marriage.  They can be incredibly helpful in addressing issues before they become intractable disputes. Further, they are maps of how to disentangle the couple from the union in a manner that reduces conflict and expense.

What is a Digital Privacy Clause?

A Prenuptial Agreement addresses many issues, such as alimony and rights should one spouse die. A Digital Privacy Clause is part of the prenup.  It dictates the couple’s terms about accessing each other’s Electronic Media. Though the Agreement is typically about privacy in case of divorce, some Digital Privacy Clauses address the couples’ agreement to respect each other’s Digital Devices and Data during the marriage.

Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.

Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.

Why Have a Digital Privacy Clause?

During a divorce, it can be tempting to use the process to seek revenge or embarrass the other spouse.  Further, during child custody hearings an aggressive attorney might wish to mine the other spouse’s web browser history, tweets, Facebook Posts or other Electronic Media for nuggets of punishing evidence.  An angry email or ill-advised shared photo could end up being made public in search of a short-term gain.

An agreement made while both spouses are friendly can bar access to all social media.  If the goal is quickly and inexpensively ending the marriage should it fail, then a Digital Privacy Clause can prevent the couple getting lost in a pointless dispute.  Disarming both spouses meets the goal of ending the marriage efficiently. Further, most people will agree divorce can be damaging to children. Both spouses may agree that exposing each other’s mistakes to the world, and children should be avoided.

In conclusion, this post is a short introduction to a critical and complex issue.  Contact an experienced Philadelphia Prenup Attorney in your area to find out what plan best fits your needs.

 

Thanks to our friends and contributors from Klenk Law for their insight into prenuptial agreements.