The rise of social media influencers and content creators has led to an increased demand for nuptial agreements. Prenuptial agreements (prenups), are entered into by couples before marriage to set out how assets, such as property, savings, business interests and pensions, and also income will be divided and dealt with if the marriage ends in divorce. Similar arrangements can be made after marriage through a postnuptial agreement.
For influencers, particular consideration must be given to digital assets and online businesses. Social media accounts such as TikTok accounts, Instagram profiles and shared YouTube channels can have significant commercial value and may be considered matrimonial assets, forming part of the overall asset pool available for division on divorce. This may be particularly relevant where both parties have contributed to the growth and success of an account, or where one spouse has played a significant role in supporting the brand, creating content or managing and developing the business in the background.
Although influencers' earnings can vary considerably, an increasing number of influencers now rely on social media as their primary source of income. Earnings derived from content creation, brand partnerships and online ventures are likely to be relevant in any financial remedy proceedings. As with income from traditional employment, these earnings will be taken into account when assessing the parties' financial resources and determining whether ongoing financial support, such as spousal maintenance, is appropriate.
In England and Wales, the starting point in divorce proceedings is often an equal division of matrimonial assets. However, influencer businesses often present unique challenges. The value of social media accounts, personal brands and digital income streams can be difficult to assess, and there may be uncertainty as to whether such assets should be shared and, if so, how they should be divided. Addressing these issues in a prenup can provide clarity from the outset and help to reduce the cost, complexity and uncertainty associated with any future divorce proceedings.
In addition to more traditional assets such as property, savings and pensions, prenups for influencers may include provisions dealing with:
- Ownership of social media accounts and digital platforms;
- Income generated from sponsorships, endorsements and brand partnerships;
- Intellectual property rights in content created before and during the marriage;
- Ownership and use of image rights, personal branding, and name and likeness;
- Rights relating to content featuring a spouse or partner;
- Ownership of websites, domain names and branding; and
- Revenue generated from digital products, affiliate marketing and other online ventures.
It should be noted that prenups are not automatically legally binding in England and Wales. The court retains discretion and may depart from the terms of a prenup where it would be unfair to uphold it in the circumstances at the time of divorce. However, where a prenup has been properly drafted, both parties have entered into it freely, and there has been full financial disclosure and independent legal advice, a prenup is likely to carry significant weight in any subsequent financial proceedings.
For influencers, a prenup can be an effective and valuable way of protecting not only traditional assets and inheritance but also the digital assets, intellectual property and online businesses that underpin their career and commercial success. Taking advice at an early stage can help ensure that issues such as account ownership, brand value, intellectual property and future income streams are addressed clearly before marriage, providing certainty for both individuals moving forward.
