Why would someone file for a confidentialities order for a 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’s 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 assemble copies of all marital-linked financial documents proactively. 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.
Why Get a Non-Disclosure Agreement in Divorce
Doing so is far more common than many people realize and spells subject matter that a family law attorney might either act upon following a client inquiry or bring up in the first instance. There are many conceivable scenarios where the execution of such an agreement makes sense or is even recommended best practice.
What is an NDA in Divorce?
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 liberally, so feel free to execute one if in doubt. If you have questions or concerns, candidly ask your Tampa divorce attorney.
