Law Offices of
Patrick J. McGeehan, P.A.

Civil, Criminal, and Family Law


Social Media Prenuptials

Since my appearance on the Katie Couric Show on June 25th, 2013, I have been getting a lot of emails asking about Social Media Prenuptials or Agreements as a way to prevent Revenge Porn.

I've also received several inquiries from people who are not intending to get married but are interested in a Social Media Agreement to protect them against the possibility of Revenge Porn.

A Prenuptial is an agreement between two parties prior to marriage and is generally limited to property rights and support in the event the parties' divorce. A Social Media Prenuptial or other such agreement is a little different.

In this case, a Social Media Prenuptial deals with what the parties will do with photographs, videos and other such media, taken during the relationship and also what can be disclosed to others. Simply stated, what can be posted on Facebook and similar social media sites.

I've written several of these agreements for people dating as well as incorporated them into standard prenuptial agreements. Among other considerations when contemplating a prenuptial you must remember that a Social Medial Prenuptial is an agreement that can be breached. A Social Media Prenuptial deals with what happens after the marriage or relationship ends.

For example, if the Social Media Prenuptial is breeched during the relationship or after the end of the relationship, the agreement, depending on how its written will control what happens.

The problem is, the Social Media Prenuptial only comes into play after a breach of the agreement has occurred. After the damage has been done. There is little, other than the word of the other party that can compel compliance with the Social Media Prenuptial prior to a breach.

When it comes down to it, a Social Medial Prenuptial cannot prevent you from becoming a victim of Revenge Porn, it can only control, depending on how it is written, what happens after you've already become a victim of Revenge Porn.

Nevertheless, a Social Media Prenuptial is a good idea. Most people will live up to their agreements they enter into, especially written agreements with consequences.

But remember, after you've already become a victim of Revenge Porn by a breach of the Social Media Prenuptial, the actual agreement may not be worth the paper it's written on.

Social Media Prenuptial may cause you to feel better or more secure during a marriage or relationship, but just realize these may be false feelings.

If you have questions about Social Media Prenuptials or other such agreements, please feel free to contact the Law Offices of Patrick J. McGeehan, P.A. for a free consultation to discuss your concerns.

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Patrick J. McGeehan, Attorney

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Law Offices of Patrick J. McGeehan, P.A.
One Biscayne Tower
2 South Biscayne Blvd Suite 3760
Miami, FL 33131
Dade: (305) 577-4933
Broward: (954) 591-4836
Fax: (305) 577-4944
Patrick J. McGeehan, P.A.
patrick@pjmlawyer.com

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