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Should we have a confidentiality agreement in our divorce?

When a couple’s marriage is coming to an end, there is one thing they’re likely to agree on and that is keeping their personal issues as private as possible. New Jersey couples heading for divorce might consider having a confidentiality agreement in place. The bottom line is that information that was not publicly known, or known by a spouse prior to a divorce, shouldn’t be accessible because of a divorce.

A confidentiality agreement will label which documents should remain private and usually states that only the couple divorcing, their attorneys and those directly involved in the case such as other experts, should be allowed access to the information contained within. A confidentiality agreement is a stringent document and that means no one other than those mentioned should be privy to the information in it and that includes family members, friends, the media, social media or anyone else. The consequences for breaching the agreement are agreed upon by each party and are specified in the agreement itself.

The agreement should also include instructions on how to dispose of any documents when the divorce is final. Also included are ways the documents should be treated when used in court as part of a motion or to dispute their confidential status as well as protecting them in other circumstances. This type of agreement is especially crucial for the owners of businesses. 

A New Jersey lawyer can further explain the reasons a confidentiality agreement might be in order during a client’s divorce. A lawyer may be able to make recommendations regarding whether information needing to be disclosed should be protected. He or she can move forward with drafting a confidentiality agreement if one is needed.