Seder & Chandler, LLP
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Digital privacy clause becoming popular in prenuptial agreements

Prenuptial and postnuptial agreements can be powerful tools to protect an individual in the event of a divorce. Though some see these agreements as merely planning for a failed marriage, they can actually provide comfort for a marrying couple, keeping financial concerns out of the mix. For many Massachusetts residents, a prenuptial agreement, which is created before a marriage, or a postnuptial agreement, created after a marriage, addresses waiver of alimony and division of assets, including business assets, pensions or retirement plans, and other existing property.

But many couples are adding clauses to their prenuptial and postnuptial agreements in an effort to protect themselves. One of the most popular additions is the digital privacy clause. In a world of internet communication, many individuals' private lives can be made public in a matter moments, and those damaging electronic communications can be used against an individual throughout the divorce process. A digital privacy clause, however, seeks to prevent one spouse from using these communications against his or her spouse.

Damning text messages and email communications, for example, may be disallowed from being presented during a divorce if a digital privacy clause is in place. It is important to note, however, that a digital privacy clause cannot keep evidence of illegal actions or hidden assets out of the divorce process.

A prenuptial or postnuptial agreement can be extremely beneficial to both parties to a marriage. However, carefully crafting such an agreement and thorough consideration of its implications is necessary in order for it to be effective. A Massachusetts Family Law Attorney can sit with couples to discuss their specific situation and work to draft an agreement that sets them up for a strong, long-lasting marriage free of certain financial concerns.

Source: My Fox NY, "Prenuptial digital privacy clauses gain popularity," Sharon Crowley, April 18, 2014

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