Why are so many people including NDAs in their divorce?
Associate Jessica Keal comments on the increasing number of people including NDAs as part of their divorce agreements, in Stylist.
Why is this happening more? Could it perhaps be linked to social media presence?
"Clients are definitely more cautious nowadays. Social media plays a huge part in this, but so does the fear of cancel culture. Maintaining a brand and image is crucial to many clients, and their fear of the damage that their behaviour during a divorce becoming public could have is enough for clients to seek an NDA.
"There is also the concern that one party may seek to reveal false information about a divorce, doing so purely as an act of revenge following a particularly bitter separation.
"There’s also a security element. A client is unlikely to want it to become known that they have just come into a several million pound fortune.
What sort of things are people requesting to keep hidden?
"A lot of confidential information is disclosed as part of a divorce agreement. This can include financial information, information about the reasons why the marriage came to an end, the behaviour of one or both of the parties during the relationship and upon the divorce, as well as information such as extra-marital affairs and accusations of domestic abuse. Clients do not want this information becoming public."
An extract of Jessica's comments was published in Stylist, 2 July 2024.
