When well-known people divorce, we sometimes hear about non-disclosure clauses being included in their divorce agreement to prevent either from speaking or writing publicly about the break-up. Some songwriters have become known for using their break-ups as creative fodder for their music.
While a person may prefer that their ex not use their divorce in their work, they (and their children) can also benefit from the money generated by it. Therefore, they may be willing to agree to forego a blanket confidentiality agreement for some control over the message.
Why divorcing couples can benefit from this
Relatively few people are married to someone with the ability to share their personal life with a worldwide audience. However, many people still have a reputation within their community or their profession that they want to protect. Others simply don’t want their ex to share whatever they feel like about them on social media.
Sometimes, the best way to address this is in a prenuptial agreement. It’s often easier to agree to things like this when both people are still happy and in love and neither really believe they’ll ever need the prenup.
What if you don’t have a prenup or didn’t include such a provision – maybe because social media didn’t exist or was still in its infancy when you married? You can seek to include a non-disclosure provision in your divorce agreement. You can stipulate that neither of you can make public any information or accusations regarding your marriage, divorce, extramarital affairs, children, other family members, finances, health or anything that would present the other person in a poor light.
Getting your spouse to agree to such a provision can be a challenge. It may help to negotiate something that they want in return. If you believe such a clause would be beneficial for you and your family – or if you’re the one being asked to agree to it – it’s important to give it serious thought and listen to legal guidance.