What is an NDA in divorce?

Hands holding a clipboard with agreement to signAn NDA is a non-disclosure agreement. Generally two or more parties sign an NDA, also referred to as a confidentiality agreement, which is a legally binding contract, created to keep specific information private from individuals outside of those that are parties to the particular matter. The objective is to ensure that certain information remains confidential. 

In a divorce matter, oftentimes a divorce non-disclosure agreement is used to prevent either spouse from sharing information about the marriage, most frequently to avoid an interference with the parties’ relationships with their children. This can be helpful in situations where circumstances are considered high conflict matters. The purpose is to ensure that a person who has sensitive information keeps that information confidential and maintains and preserves the obligation to refrain from sharing that information. 

People can utilize a divorce non-disclosure agreement as part of their overall divorce settlement agreement. Sometimes the entire divorce settlement is subject to a nondisclosure agreement, and sometimes only a portion of the divorce agreement involves a divorce confidentiality agreement and specific language pertaining to divorce disclosures.  The purpose of a settlement agreement in a divorce matter is to resolve the divorce proceeding without having to proceed to trial. 

Certain considerations for people when they are determining whether or not a divorce non-disclosure agreement should be used in a divorce situation may be determined based upon an employment situation that can be highly influenced by public observation or perception. There may be previous legal matters that one party wants to keep confidential. There might be certain details that one or both parties consider to be detrimental if shared publicly whether it be for business or personal reasons. Sometimes people request an NDA when they have concerns that their spouse will utilize social media as a public platform to share personal information. 

People most often want to protect information pertaining to their children. Sometimes people want to limit any sharing photos or details about their children’s lives, or personal matters that could impact their children negatively. Oftentimes NDA’s  and divorce disclosure can extend to close friends, family members or significant others. People sometimes want to protect certain marital financial details, finances, or ensure that any business endeavors are not negatively impacted. Oftentimes NDA is focused on social media posts and ensuring that one party does not disparage the other party in social media posts. Sometimes provisions address communicating with members of the press, or the media, to protect the privacy of one or both parties.

Sometimes prenuptial agreements include certain NDA language about future spouses, and certain information that must be maintained confidentially. Celebrities routinely include NDA language, not only in their settlement agreement, but also in their prenuptial agreement. These documents are routinely drafted in consultation with legal counsel. Consulting with an attorney to help you navigate whether or not an NDA is needed and what language should be included is essential to ensuring that you protect yourself from any future issues..

Contact the legal experts at DeTorres & DeGeorge to discuss your divorce confidentiality agreement. If you are considering a divorce non-disclosure agreement, the experts at DeTorres and DeGeorge can help you navigate your NDA divorce situation and ensure that you maintain the confidentiality and privacy necessary in your life so that you can protect yourself and your family as you move forward. Contact us today to schedule a consultation.

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