Why Would a Divorce Include a Confidentiality Agreement?

 Posted on August 26, 2024 in Divorce

Most of us have heard of non-disclosure or confidentiality agreements, but generally in the context of business. Fewer have heard of a confidentiality agreement during a divorce. The assumption might be that an NDA would only be applicable for an extremely high-profile divorce – say that of a celebrity or politician. In truth, virtually any high-conflict divorce might benefit from a confidentiality agreement.

When you consider the reach of social media and the overabundance of cell phones, a confidentiality agreement begins to make more sense. While embarrassment and humiliation may be the goal, embarrassment regarding posts from a bitter ex on YouTube, TikTok, Instagram, and other platforms may be the least of your worries. These public postings can also have a significant impact on your career and your professional prospects, and if you are a business owner, your brand can suffer.

Public information about your divorce splashed across the Internet can also damage future relationships and cause pain for your children and other family members. If you think a confidentiality agreement might be beneficial in your situation, speak to a knowledgeable Hurst, TX high-conflict divorce attorney from Daniel R. Bacalis, P.C..

What is a Divorce Confidentiality Agreement?

A confidentiality agreement, often referred to as a non-disclosure agreement (NDA), is a legal agreement between two or more people. The agreement outlines the information that may be shared between the parties but is to be restricted from sharing with others. A confidentiality agreement drawn up during a divorce might include one or more of the following:

• Prohibition of the disclosure of finances, both personal and business   
• No sharing of photos or information regarding the couple’s children on social media  
• No disparagement of the other spouse 
• No sharing of intimate details of the marriage 
• No disclosure of the other spouse’s business information  
• Division of assets, spousal support, and child custody details remain private

While one spouse might "need" the confidentiality agreement more than the other, the agreement usually applies to both spouses. Some spouses include a confidentiality agreement in their premarital agreement.

How Do I Determine Whether I Need a Confidentiality Agreement During My Divorce?

When deciding if you could benefit from an NDA, consider whether your job is heavily influenced by public perception. While politicians, actors, and musicians come to mind, other careers, such as those in law enforcement, education, and the medical profession, can also be easily damaged by negative social media posts. Are there personal details of your marriage or details you shared with your spouse that could be detrimental to you if they were shared? Are there previous legal matters you would like to remain private, or do you anticipate a high-conflict divorce?  Non-disparagement clauses in a confidentiality agreement often revolve around what type of comments must be avoided in the presence of the children. Since public statements on social media are, essentially, "in the presence of the children," these would also be prohibited.

Is a Confidentiality Agreement as Part of a Divorce Enforceable?

If the party seeking to set aside a confidentiality agreement can prove that full and fair disclosure was not met prior to signing the agreement, it can potentially be set aside. If an NDA is a legal, valid contract and both parties mutually agree to it with no duress, fraud, coercion, or misrepresentation, the agreement will likely be upheld. Courts generally do not enforce contracts that are overly vague or those that violate public policy. Sanctions for violating a divorce confidentiality agreement may include a contempt of court citation and/or fines.

Contact a Tarrant County, TX High-Conflict Divorce Lawyer

Speaking to a Hurst, TX high-conflict divorce lawyer from Daniel R. Bacalis, P.C. can be beneficial if you are considering a divorce NDA or for many other complex divorce issues. Your choice of divorce attorney really matters. As a board-certified family law specialist, Attorney Daniel Bacalis has almost four decades of experience with all family law issues, including high-conflict divorce. Contact Daniel R. Bacalis, P.C. at 817-498-4105 to schedule your free consultation.