What Are Divorce Confidentiality Agreements?

Keeping the details of your divorce confidential is an important part of navigating divorce with ease. Confidentiality Agreements or Non-disclosure Agreements (NDA) are often included in a divorce to help prevent discussion of the divorce with others or the public.

Since most divorces are emotionally charged, keeping some of your personal information out of everyone else mind will make the process go much smoother. This blog will share more about what a confidentiality agreement contains and how it is used during legal proceedings.

How An NDA Works

Confidentiality agreements are legally binding documents that establish terms and conditions surrounding a certain topic. In divorce proceedings, an NDA will outline what information needs to be kept private, who can know about the divorce, using social media, etc.

NDAs will also outline the penalties for violating the terms. Violating an NDA often comes with financial consequences or further legal action. Both parties need to read and agree to all the terms before they sign the NDA. Reading all the terms will ensure that parties understand what they are agreeing to and limits the likelihood of breaking the contract.

Provisions In Confidentiality Agreements

Wondering what specifics are included in a confidentiality agreement? Here are some of the terms that could be implemented in your divorce NDA.

• Documents that need to be kept confidential (court documents, financial records, settlement terms, and communications)
• How long do the agreement conditions last
• Exceptions to the disclosure
• Legal Requirements
• Penalties for breaching the agreement
• Legal remedies

Benefits Of A Confidentiality Agreement

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Having a confidentiality agreement set before your divorce proceedings can help protect your emotional well-being and your existing reputation. Working with a divorce lawyer/attorney will help you reap all the benefits of an NDA. We know that divorces are messy and complex, so working to set some boundaries can help both parties limit stress.

• Privacy Protection: The biggest benefit of an NDA is protecting each person’s privacy. These help keep personal information, financial records, documents, and emotions from the public eye. Establishing clear guidelines around what cannot be discussed with others will help the divorce from getting muddied with differing opinions.
• Open Communication: An agreement is the best way to encourage honest and open communication between parties. Creating an agreement that benefits both party’s privacy will help it all to remain confidential. A smoother resolution of issues is attainable when either party is not working to spread false information about the other.
• Reducing Stress: Wondering if your personal information or habits will be leaked can bring added stress to your divorce. A confidentiality agreement will allow you to focus on the legal proceedings and other more important matters.
• Protection Of Reputation: Protecting the reputation of both parties will prevent damaging information from getting into the hands of others. Especially if either spouse owns a business or is working towards gaining child custody, reputation is key. Public exposure can have lots of negative consequences that will be avoided by signing an NDA.

Considerations For Creating A NDA

There are some considerations to consider before signing an NDA. Since these documents are legally binding, having a lawyer look at the agreement before you sign is a safe practice. Whether it is your divorce lawyer or another attorney, having a second pair of eyes go over the details will ensure you don’t miss an important piece. Reviewing the contract will ensure that it benefits you and your spouse equally.

If the agreement isn’t up to your standards, you will need to negotiate the terms. If you aren’t wanting to communicate the changes on your own, you and your ex-spouse’s lawyer can negotiate your changes. Working to have a mutually acceptable agreement will help your divorce meet your specific needs.

Help From The Lawyers At KNK

Our family lawyers at Kaufman Nichols and Kaufman can help you with many different legal proceedings. KNK focuses largely on family issues like divorce, adoption, estate planning, spousal support, and guardianship. We are one of Ogden’s most experienced legal teams with a combined experience of over 100 years. Family issues can cause high emotional stress and make divorce proceedings drag on forever. If you want help in the complex legal world, reach out to the experts at KNK.