Your dearly beloved today may be your cyber-harasser tomorrow. If my own cases are any indication, it’s clear that ex-spouses are just as capable of Internet warfare as ex-daters.
For that reason, when I draft prenuptial agreements, no matter how reasonable the couple may seem, I always include revenge porn and social media defamation clauses. My prenups remove the couples’ naked images, if any, from community property and render them the separate property of whoever is depicted. If both are depicted, either can demand deletion and destruction. This is my revenge porn clause:
Parties further agree to keep confidential all intimate images or videos that one may have of the other now or in the future and shall not disseminate, distribute, reproduce, publish, or share such. The person depicted in any such images shall be deemed the owner of same. The owner may demand deletion and destruction of any intimate pictures at any time. If both parties are contained in any intimate image or video, either party shall be fully entitled to demand deletion and destruction.
Divorcing couples, especially those with children, are frequently worried about their ex talking smack to the kids. What they should also worry about is Internet smears. Hence the social media gag order I include:
In the event of dissolution both parties agree to refrain from publishing, tweeting, broadcasting, posting anything negative or hostile about the other, the marriage, break up or other person true or untrue, online, on social media, or offline.
Okay, now you may kiss the bride. Or groom.
