Why some divorcing spouses seek confidentiality agreements

| Aug 13, 2020 | Divorce

As noted in a recent Forbes article on this topic, “  in divorce cases being safe is always better than being sorry.”

The better-safe-than-sorry rationale extends to wide-ranging divorce subject matter. It can apply to the potential hiring of an investigator to probe a spouse infidelity or suspected  hiding of marital assets. It can lead to an impending ex’s decision to seek a protective order against an abusive partner. It can prompt a partner to proactively assemble copies of all marital-linked financial documents.

And it can reasonably lead to a divorce client’s discussion with legal counsel spotlighting the perceived need to execute a confidentiality agreement relevant to the divorce process.

Doing so is far more common than many people might realize, and spells subject matter that a family law attorney might either act upon following a client inquiry or alternatively bring up in the first instance.

There are many conceivable scenarios where execution of such an agreement makes sense or is even recommended best practice. Here are some Forbes-cited examples:

  • Private business information supplied by one spouse during the divorce process (could contain proprietary company data, customer/competitor information or other sensitive data)
  • Personal financial data exchanged individually between divorcing spouses
  • Private data supplied by an employer (such information is sometimes passed along only pursuant to already existing secrecy restrictions)
  • Any exchanged or supplied information that a party does not reasonably expect would ever be made privy to public scrutiny

Forbes duly notes that courts tend to regard confidentiality agreements in a liberal way, so, if in doubt, feel free to execute one. If you have questions or concerns, candidly raise them with your family law attorney.