Social media is becoming a common tool used in marriage break-ups, but so far Maltese couples are not taking up the American trend of signing social media prenuptials.

Notaries and lawyers contacted by The Sunday Times of Malta said that pre-nups are becoming more common before Maltese couples get married, but are almost always related to separation of estates.

“So far social media pre-nups have not made it to Malta,” said lawyer David Camilleri.

An increasing number of couples in the US and the UK are entering into pre-marriage contracts to stop their partners from posting embarrassing pictures in the event of a break-up.

In a world where information can be shared more easily and more quickly than ever before, this means that if their relationship breaks down a couple cannot post ‘confidential’ information about each other – including photographs – without the other’s permission.

Agreements can be legally binding with financial penalties made against parties that break the rules.

Lawyers and notaries contacted by The Sunday Times of Malta said such agreement have not yet reached our shores, however social media is being used as a tool during break-ups.

Social media is not your private living room

“Social media is a form of proof especially regarding adultery. Photos at parties, for example, can be clear evidence, or when people change their status from ‘married’ to ‘separated’ even though they are not legally separated, it means they are on the lookout for another partner,” said one lawyer.

Lawyers said some couples can be vindictive online when their relationship breaks down and post unflattering or risqué pictures and comments all over social media.

In this digital-happy, ‘share everything’ age, we’ve become used to playing out our relationships – and subsequent breakdowns – in public, but lawyer Carol Zammit Montebello warns that people have to remember that anything posted online remains there.

“Social media is not your private living room,” said Dr Zammit Montebello.

Lawyers seem to always warn their clients to be wary of social media during relationships and break-ups.

“Keep away from social media ... it may very well ruin your relationship or land you into serious trouble in court proceedings for separation/divorce,” said lawyer Phyllis Aquilina.

According to David Camilleri a person who is trusted today may not stay in that same trusted position tomorrow. He said caution is advised because the law in the sector is still being updated.

“Social media is a recent development – and the law is catching up bit by bit.”

Romantic dos and don’ts for the social media age

Talk about it:

• Talk to your partner about which content and images you’re willing to share – and how these will be managed in the event of relationship breakdown.

Check privacy settings:

• Make sure you only share information with people you trust by checking and controlling privacy settings across your different social media profiles. If you want to stay risk-free don’t post intimate pictures anywhere online.

Beware of screen grabs:

• Apps like Snapchat offer instant, throwaway messaging where content is automatically deleted. But be careful – it can still be screen grabbed and re-posted. It’s easy to get carried away, especially in flirtatious situations, so be cautious about what you send others.