Klenk Law

Digital Privacy Clauses in Prenuptial Agreements

Posted on Sat Feb 17, 2018, on Prenups and Prenuptial Agreements

From Our “Ask a Question” Mailbag: Prenup Digital Privacy Clauses

Most Recently Updated August 9, 2018.

“I love my fiance, but I recognize that our marriage might not last forever.  My parents divorced and used all means possible to make each other look bad.  I have heard about Digital Privacy Clauses for Prenuptial Agreements.  What are the Advantages of a Digital Privacy Clause in our Prenup?”

Digital Privacy Clauses

Prenup Digital Privacy Clauses

Prenup Digital Privacy Clauses

The way we communicate changes daily.  We use Facebook, Twitter, LinkedIn, Snapshot and dozens of other applications and expose ourselves to the world.  These marvelous tools allow us to keep track of our friends. But, these same tools have created bottomless wells of data for divorce attorneys.  At one time the best an attorney could hope for was a carelessly misplaced letter or photo.  Now, digital media has created oceans of ammunition waiting to be mined by an aggressive divorce attorney.

In general, you enter a Prenuptial Agreement so that if your marriage ends that process can be as painless and inexpensive as possible. Traditionally, the Prenup addresses alimony and the division of assets. But, realistically at the end of a marriage, one or both people might find parting shots irresistible.  The modern world is forcing us to craft new and creative clauses in our Prenuptial Agreements to defuse these likely disputes. An example of this developing legal area is the Digital Privacy Clause.

What is a Digital Privacy Clause?

A Digital Privacy Clause in a Prenuptial Agreement prevents either spouse from accessing and using the other spouse’s electronic media.  The clause can be limited to use of such media in a divorce or can be expanded to include rules to follow during the marriage.

Why Have Access to a Spouse’s Electronic Media?

Even with a detailed Prenuptial Agreement, there might be grey areas over ownership of assets.  Further, custody and visitation of children can be affected by the court’s perception of a parent’s stability and moral fiber.  Logically, your divorce attorney wants to put on the best case and will want to mine your spouse’s emails, tweets and browser history for evidence that can further your case.  A skilled lawyer can turn an email sent in anger or an embarrassing photo shared with friends into a powerful negotiating tool.  In the heat of the battle, the chance of finding this evidence can be too tempting to resist.

If Your Prenup Envisions a Clean Break, Why It Might Be Better for Neither Spouse to Have Access to each other’s Electronic Media.

Consider why you have your Prenup Attorney draft your Prenuptial Agreement.  If your goal is to avoid protracted litigation and to facilitate a quick end to a failed marriage, then taking a weapon out of your own hands (and your spouse’s) is a good idea.  There might be damning evidence out there, but it might be best left where it is.

Why It Might Be Better for Your Marriage to Not Have Access to Your Spouse’s Electronic Media.

Some clauses include rules for spouses during the marriage.  Both spouses can recognize the other’s right to private communications.  Just like communicating about financial obligations, verifying and documenting privacy rights can lead to healthy conversations over matters that might otherwise fester. 

Why It Might Be Better for Your Children for Neither Parent to Have The Right to See Each Other’s Digital History.

Divorce leaves casualties.  Recognize that a quick “boring” divorce might be best for everyone including the children. Mining digital data and exposing the other spouse’s lapses in judgment might feel right at the time but might also leave lasting scars with children.   A Digital Privacy Clause disarms both spouses removing the temptation of exposing the other’s mistakes to the world.

Realize Now That if the Marriage Ends You Might Not Make the Best Decisions For Yourself or Your Children. Disarming Yourself Now Might Be The Best Decision.

Realistic people recognize a Prenuptial Agreement’s value. Should your marriage partnership not work out, a Prenup allows you to map out the most painless exit strategy.  Knowing that you might be angry and not thinking clearly during your divorce, a Digital Privacy Clause may make that process less conflictual.

More Planning Questions?

Prenup Digital Privacy Clauses is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: Prenup Digital Privacy Clauses

I hope that this article was helpful in explaining Prenup Digital Privacy Clauses. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

 

Tags:

Asset Protection, Asset Protection Attorney, Asset Protection Lawyer, Estate Planning Attorney, Estate Planning Lawyer, Peter Klenk, Prenuptial Agreement, Prenuptial Agreement Attorney, Prenuptial Agreement Lawyer

What Our clients are saying

Stars

Peter provided outstanding advice and preparation of a will and trusts.

Stars

Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.

Stars

When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...

Stars

AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!

Stars

Great friendly staff

Stars

Tremendous firm with bright, kind and tenacious people. Great representation for our family.

Stars

I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

Stars

Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!

Stars

Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.

Stars

Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.

Stars

Answered my question quickly and referred me to a colleague that could handle my problem

Stars

Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.

Stars

Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

Stars

Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!

Stars

Peter provided outstanding advice and preparation of a will and trusts.

Stars

Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!

Stars

You & your staff are the best thank you for everything.

Stars

Peter and his staff handled all of our needs in a very professional and timely matter.

Stars

Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.

Stars

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

Stars

Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.

Stars

Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.

Stars

Surprisingly easy

Stars

Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.

Stars

Peter and his associates made things easy for us.

Let us put our expertise to work for you.

Free consultation within 24 hours.