How To Protect Your Privacy in Divorce

The divorce process can be challenging, including when it comes to protecting your privacy. To help you to safeguard your personal information and maintain confidentiality throughout the divorce process, this article will help guide you through various strategies to protect your privacy during your divorce.

A prenuptial agreement, often referred to as a ‘prenup’, is a document signed before marriage that outlines the division of assets and financial arrangements in the event of a divorce. While its function is not to protect privacy, a prenup can lead in the event of a divorce, to a more straightforward process by minimising disputes. This, in turn, can help keep personal details and financial arrangements more private, as fewer matters need to be contested publicly in court.

Certain aspects of the divorce process – such as the fact that a divorce has been filed – are matters of public record. Despite the drive to provide transparency the family court does look to protect the parties involved and the president of the Family Division has issued guidance to ensure the parties are protected.

An experienced divorce lawyer can be instrumental in helping you maintain your privacy. They can advise on strategies to keep the proceedings out of court, such as through mediation or arbitration, which are private processes.

You can take several proactive steps to protect your privacy during a divorce, including being cautious about what you share on social media or with individuals outside a close circle of trust; securing your personal electronic devices and online accounts; and discussing confidentiality concerns with your lawyer to explore additional protective measures.

Find out more about the importance of securing personal electronic devices and online accounts in our Divorce and Digitally Disconnecting article.

Several Alternative Dispute Resolution (ADR) methods can offer a more private way to handle divorce:

• Mediation: An impartial mediator helps you and your spouse reach an agreement on various issues.
• Arbitration: An arbitrator makes decisions on disputed matters in a more private setting than a court.
• Collaborative Divorce: Both parties and their lawyers agree to work together to resolve issues outside of court, often including confidentiality agreements as part of the process.

If privacy is a primary concern in your divorce, consider taking the following steps:

• Consult with a Family Law Solicitor: Seek advice from a solicitor experienced in handling divorce cases with a focus on maintaining privacy
• Explore Non-Court Dispute Resolution or ADR: Discuss with your solicitor the possibility of using mediation, arbitration, or collaborative divorce to keep your divorce proceedings private
• Protect Your Information: Be proactive in securing your personal information and discuss any confidentiality concerns with your solicitor

Protecting your privacy during a divorce is entirely possible with careful planning and the right legal support. By understanding your rights, considering alternative dispute resolutions, and taking steps to safeguard your personal information, you can navigate the divorce process while keeping your privacy intact. Always consult with an experienced family law solicitor to explore the best options for your specific situation.

Ready to take the next step? As leading family lawyers in Milton Keynes, our team of family law specialists can advise you about your divorce settlement. As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.