Jaburg Wilk


Do I Need a Social Media Clause in my Prenup?

Categories: Family Law, Article

Video Transcript:

Hi, I’m Jason Castle. I’m a partner at Jaburg & Wilk. My practice areas focus on family law and criminal defense.

Should I include a Social Media Clause in my Prenuptial Agreement?

Prenuptial agreements have grown in popularity over the last few years and prenuptial agreements are agreements that become effective at the date of marriage. They’re very broad in what they can cover and one example of that is a social media clause which is also fairly new and growing in popularity. A social media clause in your agreement would negotiate, prior to the marriage, how social media will be utilized during the marriage and in the event of a divorce. You can outline for example, what can and cannot be posted on social media websites. You can also determine who is going to control photos and information that is recorded during your marriage.

What can I do if my ex-spouse posts our intimate moments online?

I recently wrote an article about couples that have engaged in private moments and recorded them on film or camera and the concerns that arise at the point of a divorce, when one of the parties decides to post that information on the internet for the world to see. In the event that you thought of this beforehand, and you had a social media clause, you could preclude that and you could also include sanctions and methods for you to remove the materials from the internet once it does occur.

About the author: Jason B. Castle is a Partner at the Phoenix law firm of Jaburg Wilk. He is the President of the Arizona Chapter of the Association of Family and Conciliation Courts, member of the State Bar of Arizona, and a member of the Maricopa County Bar Association, where he chaired the Family Law Section and Legislative Committee. He has expertise in child custody and Decision Making Authority. More recently he was named a Southwest Super Lawyer Rising Star.