Should prenuptial agreements include a social media clause? | Winston Solicitors Skip to main content
Advice

Should prenuptial agreements include a social media clause?

Wendy Campbell Wendy Campbell
3 min read

Pre-nuptial agreements are a legal contract entered into prior to marriage and commonly includes provisions as to how property and assets are to be divided should the marriage breakdown and lead to divorce.

Although considered by some to be unromantic, such agreements can have the following significant benefits:

  1. They can protect your separate property and wealth as well as assets likely to be received by way of future inheritance.
  2. Define what property is considered marital property.
  3. Prevent conflicts and actually save you money if you divorce.
  4. Support your estate plan.
  5. Protect your interests as well as the interests of any children from a previous relationship if you are marrying or have married or entered into a Civil Partnership for the second or subsequent time.

Over the last 5 years the High Courts in England and Wales have increasingly taken into account the provisions of prenuptial agreements in financial proceedings associated with marital breakdown.

However, in countries such as the USA and Australia, prenuptial agreements have evolved to not only include confidentiality clauses designed to prevent either party from breaking their silence on their marriage (such as reportedly entered into in the case of Mariah Carey and Nick Cannon) but also to include “social media” clauses designed to prevent deliberate acts of public humiliation. This has arisen due to a growth in episodes of “revenge porn” with intimate and often explicit photographs being shared online following the breakdown of a marriage.

In the USA and Australia it is increasingly becoming more common for there to be a social media clause stating, for instance, that each party will agree not to “post, tweet or otherwise share via social media, positive, negative, insulting, embarrassing images or content of the other.” If one of the parties to the agreement breaks the contract after the couples separate then the sanctions are normally monetary in nature.

The question now arises whether similar clauses could be included in a prenuptial agreement here and be enforced by the Courts. So far, examples of the enforcement of such a clause in the UK are nonexistent. However, it is considered that if a properly drafted agreement came before the Court and there was clear evidence of the breach of the “social media clause” it would be difficult for a Court to ignore it. It would therefore not be surprising should prenuptial agreements in this Country evolve to follow the examples set in the USA and Australia to protect each of the parties from deliberate acts of public humiliation. In the meantime it would be considered prudent for the social media clause to be included in a separate agreement in view of the fact that there is currently a commonly held view here that prenuptial agreements should only contain financial clauses and if you do include other matters in the agreement, there is a potential risk that the Court could consider that the non financial clauses render the whole of the agreement void.

Try out our prenuptial agreements calculator to see what you might save!

Client feedback

I have used Winstons for both family and Conveyancing and they have been 5* on both.I would highly recommend
Jacqueline
Review for Wendy – Family Law Services at Winston’s Solicitors, LeedsI recently had the pleasure of working with Wendy from Winston’s Solicitors in Leeds on a family law matter, and I cannot recommend her highly enough. From our first consultation, Wendy was incredibly professional, empathetic, and thorough in her approach. She took the time to fully understand my situation, providing clear and concise advice at every step of the process.Throughout the entire case, Wendy was always available to answer any questions I had, and she made sure I felt supported and informed. Her knowledge of family law is exceptional, and I felt confident in her ability to handle my case. She was transparent about all costs, keeping me informed of any developments along the way.What truly stood out to me was her attention to detail and her ability to navigate what was a very emotionally charged situation with sensitivity and care. Wendy was not only a skilled professional but also genuinely understanding of the emotional impact of my case, which made a huge difference during a stressful time.Thanks to Wendy’s hard work and dedication, I was able to reach a favorable outcome, and I am incredibly grateful for her support. If you are looking for a compassionate and experienced family law solicitor, I would wholeheartedly recommend Wendy at Winston’s Solicitors.
Natalie
Exceptional Service - Highly Recommended I recently engaged the services of Winston Solicitors and was thoroughly impressed by the professionalism, expertise, and dedication demonstrated by the Winston team: Harriet Reid and Emily Bell. From the outset, they provided clear guidance, timely communication, and a level of care that made a challenging process much more manageable. Their attention to detail, responsiveness, and commitment to achieving the best possible outcome were evident throughout. I felt fully supported and confident in their hands. I highly recommend Winston Solicitors to anyone seeking high-quality legal services. Thank you for your outstanding work!
Emmanuel
In my divorce I dealt with Teresa Davidson and Emily Bell. I found them both at all times to be professional, responsive and compassionate. Based on my experience I would not hesitate to recommend them for any divorce or family law related matter.
Mark
I have received nothing but a fantastic service from Emily Bell and Harriet Reid during a challenging time. They have always been responsive and to the point with their communication. I am grateful for all the help I have received.
Bill
This be my 2nd time I've used Winston Solicitors & both times they have been Extremely Professional both Teresa & Judith fully understood my frustration on what was going on at that time but with Time & again Professional attitude i was Very Happy with there hard work i seriously recommend Winston Solicitors as they turn over every stone what needs to be done thank you Regards Ryan Doyle
Ryan
After having a very bad start to my court case with another solicitor- I was recommended Wendy and she was brilliant. I had great support from the start got the results I asked for. Highly recommend
Martina
Wendy at Winston solicitors was outstanding in supporting me through the complications of my divorce. She was compassionate, understanding and most importantly efficient throughout a difficult time and after having had a negative experience at a different solictors. I will be eternally grateful for everything Wendy has done - thank you.
John
Contact Wendy