Chicago Confidentiality Agreement Attorneys
A confidentiality agreement protects sensitive legal, business or other information by requiring that said matters be kept private and are not disclosed to uninvolved parties. Confidentiality agreements may also provide for specific consequences if the agreement is broken. When navigating a divorce in Illinois, a confidentiality agreement may be appropriate in many different circumstances.
If you decide to participate in an Illinois collaborative divorce or in mediation, you and your spouse will be expected to sign a confidentiality agreement and will be expected to follow its terms during and after all negotiations or mediation sessions. In Illinois, mediators are prohibited by law from sharing with others anything that takes place during your mediation sessions. Confidentiality agreements help prevent parties from using information against one another by requiring that all information stay inside the negotiation or mediation.
Confidentiality agreements also protect spouses who are going through a high profile divorce or a divorce in which valuable sensitive information is involved. Sensitive information spouses may want to protect can range from information about family businesses investments to personal issues, including adultery or other marital misbehavior. Keep in mind, however, that if you or your spouse files for fault-based divorce in Illinois, the grounds stated as the basis of fault cannot be kept confidential by a confidentiality agreement. The court may, however, be willing to protect this information in other ways. An Illinois divorce lawyer with experience creating confidentiality agreements can help you determine how best to proceed when sensitive information is at stake.
Confidentiality agreements may also be necessary to protect information gathered or agreements created before the marriage takes place or after the divorce becomes final. Therefore, spouses seeking to divorce may need a confidentiality agreement to protect a pre-nuptial agreement created before the marriage or any alterations made to the divorce decree after the divorce is final. These agreements can be extended to cover any discussions, negotiations or information exchanged in the process of making a pre-nuptial or post-nuptial agreement as well as the contents of the agreements themselves.
You may also wish to use a confidentiality agreement to protect information given to professionals other than your attorney during the divorce process. Illinois recognizes the confidentiality of communications between you and the attorney representing you. However, courts will not automatically recognize the confidentiality of information shared with other expert advisors such as your accountant or insurance broker. A confidentiality agreement allows you to protect this information while still seeking the professional advice you need to ensure you have a clear picture of the legal and financial issues at stake in your divorce.
Whether you need to protect the contents of a business valuation, wish to keep a pre-nuptial agreement between you and your spouse, or simply don’t want to risk having your dirty laundry aired in public, a confidentiality agreement can help you protect yourself and focus on navigating your divorce. Call today to schedule an initial consultation and find out how the experienced Illinois divorce lawyers at Nottage and Ward can help.
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