blog home Divorce Reasons to Consider an NDA for your Indiana Divorce

Reasons to Consider an NDA for your Indiana Divorce

By James Emerson on January 19, 2022

Non-disclosure agreements (NDAs) have been common in celebrity divorces for decades. If a couple’s relationship has been public or even admired by others, the last thing those two want is for sensitive information about them become public, too. This could be socially or publicly damaging and could lead to the loss of future career opportunities.

You may think of NDAs as things that only celebrities need, but every couple should consider using them their Indiana divorce, too. Now, many more people than before are including NDAs in their divorce documents, largely due to social media and its power to amplify information. If you are facing divorce in Indiana, an NDA could help protect your privacy – and your reputation.

What Role Can Non-Disclosure Agreements Play in a Divorce?

Divorce can be a stressful experience for all parties involved. When you are already dealing with the end of your marriage, you do not need the additional stress of worrying about your reputation being damaged or your privacy being violated. In addition to the uncertainty you could be facing, divorce can also be contentious and even acrimonious for you. In these days of Facebook, Instagram, Twitter, and YouTube, an NDA can help protect both spouses from loss of privacy and damage to their reputations.

What are the Financial Reasons for Non-Disclosure or Non-Disparagement Agreements?

Public perception can be a factor in future financial prospects. When divorcing spouses make derogatory statements or reveal private information about each other, it can have a damaging effect on reputation and public perception. A nondisclosure or non-disparagement agreement can help prevent that from happening. In addition, spouses are required to disclose financial information and exchange financial documents with each other as part of the divorce process.

Some of this information shouldn’t be made public, so it needs to be protected by a confidentiality agreement or NDA. You don’t deserve to have your future stability and the new life you’ll be building for yourself hampered by embarrassing or damaging information. A family law attorney can walk alongside of you and help build safeguards to help you move forward with confidence.

When Can You Enter Into a Marital NDA?

Being proactive and thinking ahead can also save a lot of unnecessary grief on your end. You do not need to wait for divorce to enter into a nondisclosure agreement with your spouse. Prenuptial agreements may contain NDA language specifying what can and cannot be shared publicly during the marriage or in case of divorce. NDAs are becoming more common in the social media age and are sometimes referred to as “social media prenups.” Typical clauses in these agreements prevent either party from posting on social media any content or images that may be construed as negative, embarrassing, unflattering, or insulting.

Non-disclosure language can also be included in a postnuptial agreement, signed after the marriage. If you are divorcing and do not have a prenuptial or postnuptial agreement with NDA language in place, it may be wise to include a nondisclosure agreement in your divorce.

What Should Be Included in an NDA for Your Divorce?

If you and your spouse agree to sign a marital nondisclosure agreement as part of your divorce, the terms should provide the protection you both need. For example, your NDA may include terms that prevent either spouse from:

• Making negative mentions or tagging the other spouse in negative social media posts
• Disclosing business dealings and finances or marital financial details
• Posting on social media about past or current legal matters
• Going to the press or media in high profile divorces
• Sharing photos or details about children without the consent of the other parent
• Treating financial documents and information disclosed in the divorce carelessly, or in any other way than as stated in the agreement

How Can an Indianapolis Divorce Attorney Help?

To be of any value, a nondisclosure agreement entered into with your spouse must be enforceable. Our Indianapolis divorce attorneys can draft an NDA that follows legal guidelines, to ensure the contract will stand up in court, with specific language that does not go against public policy. We have the knowledge and experience to ensure the terms of the agreement provide the privacy protection you need in your divorce.

If you are facing divorce in Indiana, call Emerson Divorce and Accident Injury Attorneys, L.L.C. at (317) 969-8000 to schedule a free consultation. Our attorneys have been rated 10.0 by Avvo and named among the National Trial Lawyers Top 100 Trial Lawyers. We are an award-winning law firm with more than 35 years of experience. Our attorneys know that divorces can get very emotional, and we will be here for you every step of the way to answer any questions you may have.