Do you need a confidentiality agreement in your divorce?
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Do you need a confidentiality agreement in your divorce?

In general, information from your divorce becomes public record. Anyone can see it and get access to it. 

This might be an issue if you have proprietary business information you want to keep confidential. You may request the court seal your records to protect such information, but you may also want to create a confidentiality agreement with your soon-to-be former spouse. 

How it works

During a divorce, attorneys will dive deeply into your financial information. This may include accessing information about your business or employment. 

According to Forbes, a confidentiality agreement can help to keep business information private if you specifically outline what information you want to keep private. You need to be specific about which information the agreement covers. The protected information will keep it between only people directly involved in your divorce. Nobody can share the information outside of these individuals. 

The court’s reaction

In most cases, the court will approve such an agreement in your divorce. As long as you present a legitimate need for privacy, the court will usually not have an issue with a confidentiality agreement. It understands that there is often information that should not become public and that there is no benefit to anyone should that information get out. 

The court also understands that emotions run high in a divorce, and sometimes individuals may act without thinking about the consequences. Such an agreement just helps to ensure that everyone thinks before they act and that proprietary business information that could damage a business does not end up in the hands of the public. 


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