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Do we need a confidentiality agreement for our divorce?

| Oct 8, 2020 | Divorce |

There may be great amounts of animosity between spouses when a marriage is over. When a Wisconsin couple decides to divorce, there is a lot of paperwork involved, much of which pertains to finances. That brings up the issue of privacy. Should any of these documents be protected from public scrutiny with a confidentiality agreement?

As the name implies, documents protected by a confidentiality agreement cannot be accessed by anyone other than the parties to which they pertain and by the lawyers acting for those parties. Often these documents have to do with information that was not publicly accessible such as those to do with a business. When a document becomes confidential, its contents cannot be shared with anyone including family, friends, the media, social media and the general public.

There should also be instructions on how to dispose of the information when the divorce is final. A former spouse should not be privy to that information. Consequences for breaching the agreement should also be spelled out.

If there is doubt about whether a confidentiality agreement should be a part of a divorce, it may be wise to have one in place just in case. This may be especially true if the soon-to-be former spouses are co-owners of a business in Wisconsin and plan to sell it. It is always better to err on the side of caution and talk to a lawyer about what, if any, information should be protected.