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Can a social media prenup curtail revenge in a Utah divorce?

Many Utah residents have heard stories about jilted spouses exacting revenge on each other by posting inappropriate photos to social media sites. As the use of social media sites has increased, so has the need for individuals to protect themselves from derogatory information being used against them or posted about them in a divorce. However, that is not the only way that social media is affecting couples.

Evidence derived from social media has increased drastically in divorce cases in recent years. For example, the other spouse may introduce a photograph of an exotic vacation posted by a party who claims to the court to be broke as evidence that he or she is not hurting financially. Further, photographs of a night out with friends could affect child custody cases.

For this reason, some couples are signing either a prenuptial agreement or post-nuptial agreement, banning the parties from posting certain photos or comments about the other. Couples who have social media clauses in pre - or post-marital agreements may be able to avoid embarrassing situations -- whether in or out of court. These clauses and others contained in these agreements can create a set of "rules of engagement" if the couple should get divorced.

There are bound to be at least some ill feelings between a Utah couple that is getting a divorce. However, those feelings do not have to interfere with the parties reaching an amicable settlement. Deciding ahead of time what the parties deem acceptable conduct when it comes to social media could save the parties a good deal of confrontation during the divorce process.

Source: ABC News, "I Love You, You're Perfect, but Watch What You Facebook: Social Media Prenups", Lauren Effron, June 3, 2014

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