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What Is a Prenuptial Agreement?

A prenuptial agreement (prenup) is a contract between two individuals who are married that outlines how their assets and debts will be divided in the event of a divorce. Many couples draft a prenup to protect their businesses, financial future, and/or children from a previous marriage.

Prenuptial agreements often include:

  • Definitions of separate property and assets
  • The ways income earned during a marriage will be handled
  • Spousal support determination
  • The way separate and marital assets and debts will be divided
  • The way separate and joint business will be managed
  • Pet clauses (that outline how ownership will be divided)

Prenuptial agreements cannot include child support or child custody arrangements, and they cannot include terms that outline or require a spouse to complete daily tasks or certain duties throughout the marriage.

What Is a Lifestyle Clause in a Prenuptial Agreement?

Lifestyle clauses in prenups are contractual clauses for your marriage that do not relate to the financial arrangements. These clauses typically include terms concerning a couple’s actions and violations of these clauses can have a financial penalty. However, not all couples choose to include penalties for violations of lifestyle clauses.

Common lifestyle clauses that couples include in their prenups are:

  • Infidelity clauses
  • Confidentiality clauses
  • Social media clauses

It is important to note that lifestyle clauses are hard to enforce in court. As we mentioned, prenuptial agreements cannot dictate tasks or duties either spouse should complete, and in some cases, it can be hard to prove that a violation occurred.

Some couples still include lifestyle clauses so that each party understands what they expect out of the marriage. They also include a severability clause, which allows the court to enforce the financial terms and other parts of the prenup even if the lifestyle clauses are unenforceable.

What Is a Social Media Clause In Prenups?

A social media clause is a clause that restricts what a person can post on social media. In many cases, it prohibits the publication of racy photos or videos or any content that can negatively impact your spouse’s professional reputation. In some cases, the clause may also request that a person get approval before posting content online that includes their partner While this may seem extreme, social media is permanent, and many people with professions that require they remain in good standing with clients or their employers (i.e. CEOs, public figures, etc.) understand how damaging social media can be.

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