Chicago Divorce Confidentiality Agreement Attorneys

Understanding Divorce Confidentiality Agreements in Illinois

There are a lot of good reasons why people going through divorce may want to protect private information about their private lives, finances, business transactions, medical records, and children. A confidentiality agreement protects sensitive information by requiring that these matters are kept private and will not be disclosed to uninvolved parties or the general public.

It is understandable for divorcing spouses to endure enormous amounts of emotional and mental distress due to their intimate history and the implications of starting a new life apart from one another. Fortunately, legal and financial procedures do not have to be contentious, drawn out, and costly. With legal assistance from the right divorce attorney, you can complete your divorce and move on with your life. A lawyer with experience creating confidentiality agreements can help you determine how to proceed when sensitive information is at stake.

For over 30 years, the Chicago family law firm of Nottage and Ward, LLP has been guiding clients through the divorce process. We will advise you on the best strategies for safeguarding your interests and protecting your privacy in the future. The independent legal rating agency Martindale-Hubbell lists Nottage and Ward, LLP in its Bar Register of Preeminent Lawyers for achieving legal excellence.

To learn more, contact our office by calling (312) 332-2915 today.

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What Is a Divorce Confidentiality Agreement?

When navigating a divorce in Illinois, a confidentiality agreement may be appropriate in many circumstances. A confidentiality agreement is a legal contract that binds one or more parties to non-disclosure of confidential or proprietary information. Confidentiality agreements may also provide for specific consequences if the agreement is broken. Confidentiality agreements help prevent parties from using information against one another by requiring that all information stay inside the negotiation or mediation.

If you decide to participate in a collaborative divorce in Illinois or in mediation, you and your spouse will be expected to sign a confidentiality agreement and be required 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 mediation sessions.

A confidentiality agreement provides many benefits for people who are going through a divorce, including:

• Maintaining peace of mind
• Protecting personal privacy
• Protecting sensitive financial information
• Protecting business secrets
• Keeping personal assets private
• Protecting your career
• Maintaining the value of your business
• Ensuring the personal security of family members
• Protecting your children from embarrassing disclosures

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What Information Is Protected by a Divorce Confidentiality Agreement?

Confidentiality agreements are often sought by spouses who are going through a high-profile divorce. When your life is already under a microscope due to media exposure, you’ll want to do everything you can to limit the flow of sensitive information that could be released by the media.

If you are going through a high-asset divorce, there are many reasons why you may wish to keep your financial information out of public view. Revealing your assets could make you vulnerable to theft, fraud, and other forms of financial malfeasance. Another thing to consider is that revealing proprietary information about your businesses may place your financial future at risk.

There are several types of sensitive personal information that spouses may choose to keep secret. Details about family conflicts, spousal disputes, marital infidelity, and other private matters should not be put on display for everyone to see.

Confidentiality agreements may be necessary to protect information gathered or agreements created before the marriage took place or after the divorce becomes final. Spouses seeking to divorce may seek a confidentiality agreement to protect a prenuptial 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 prenuptial or postnuptial 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. The court 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.

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The Benefits of Sealing Your Divorce Records

In addition to having a confidentiality agreement, you may also want to consider the advantages of sealing portions of your divorce records to protect yourself and your children. All records held in circuit court are open to public inspection under state common law and the First Amendment. This includes the documents in a divorce proceeding.

There are many instances when both spouses agree that sensitive information in a divorce proceeding should not be openly available. For example, it could jeopardize the safety of your children if strangers were able to access information about their respective ages or details about the allocation of parental responsibilities.

Together, both spouses may request to have certain portions of the divorce proceedings sealed to protect the personal and financial security of everyone involved. Information that you and your spouse may wish to have sealed includes:

• Bank statements
• Personal assets
• Credit card numbers
• Financial disclosures
• Driver’s license numbers
• Credit card number
• A spouse’s maiden name
• Ages of minor children
• Citizenship status
• The location of family residences
• Medical records
• Allocation of parental responsibility
• Spousal maintenance arrangements

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Protecting Your Right to Confidentiality in Illinois

Whether you need to protect the contents of a business valuation, wish to keep a prenuptial 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.

Contact our Chicago divorce lawyers at Nottage and Ward, LLP at (312) 332-2915 today to schedule an initial consultation and discover how we can help.

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Additional Information

• Why You Should Consider Signing a Confidentiality Agreement in an Illinois Divorce