Can I get a Confidentiality Agreement in my Tennessee Divorce?

A confidentiality agreement, often called a non-disclosure agreement, can be an invaluable tool in your Tennessee divorce. Non-disclosure agreements are used in many situations. In the course of a divorce, a court may grant a petition for a non-disclosure agreement to be implemented in order to ensure that certain information remains private.

Non-disclosure agreements can function to prohibit the disclosure of sensitive financial records, personal communications, and many other issues that are deemed to be private by the parties. The goal and purpose of a confidentiality agreement is to protect personal or sensitive information from becoming public. This can help the divorcing parties to maintain privacy, minimize potential damage to a person’s reputation and, in conjunction, the reputation of their affiliated business.

While they do serve a purpose, a court will not necessarily automatically implement a confidentiality agreement. It is important to understand the purpose that these agreements are meant to serve, and to be prepared to argue as to why such an agreement is warranted in your divorce case. An experienced divorce attorney at Fort, Holloway & Rogers can help.

Reasons for seeking a confidentiality agreement

There are many legitimate reasons as to why one or both spouses in the midst of a divorce might seek a confidentiality agreement (aka a non-disclosure agreement, or NDA) when filing for divorce. Common examples of reasons people pursue an NDA include:

• A desire to protect financial information of one (or both) parties. Non-disclosure agreements can help the signors in protecting their financial interests, such as business interests and other assets.
• A need to maintain a reputation. Related to the above, accusations that come out in the midst of a divorce can be potentially damaging to a reputation. Those who rely on their reputation as business owners or public figures might be particularly affected by negative information related to the divorce (or what led to the divorce.) Seeking a confidentiality agreement might be a good idea if you are concerned that your estranged spouse may talk about your divorce in a way that leads to professional ramifications.
• Non-disclosure agreements can help to keep sensitive information out of the public eye, thereby protecting children and other family members from the details of your divorce.

When Should the Confidentiality Agreement be Implemented?

Generally speaking, the sooner a confidentiality agreement or NDA is established, the better. The agreement is only effective if it is active – once a statement is said or fact is out in the public sphere, a confidentiality agreement cannot take that information back. For this reason, confidentiality agreements are most effective if they are enacted before discovery takes place or testimony begins. This ensures that the evidence in the divorce case is protected under the terms of the confidentiality agreement.

How to Ensure a Confidentiality Agreement is Legally Binding

Tennessee has specific legal standards that a confidentiality agreement must meet in order for the agreement to be legally binding in Tennessee. To be legally binding the agreement must, among other things, clearly define what information is going to be considered confidential, fully outline both party’s obligations, and specify the duration of any confidentiality obligation. There are many additional considerations and requirements that must be met in order for the agreement to be binding – an experienced divorce attorney from Fort, Holloway & Rogers can help.

Contact Fort, Holloway & Rogers

Given the nuance and complexities involved in drafting and enforcing a confidentiality agreement in a Tennessee divorce, it is essential to engage with an experienced attorney. Seeking formal legal counsel will help to ensure you have a legally sound agreement that meets your specific needs. Contact our esteemed Franklin divorce attorneys to learn more.

Sources:

thecut.com/article/nda-non-disclosure-agreement-popularity.html

euronews.com/culture/2024/05/23/angelina-jolie-forced-to-release-ndas-what-might-they-reveal