Confidentiality During Divorce: Who Knows?
For people concerned about privacy during divorce, knowing the safeguards and smart steps to protect your confidentiality are important.
Divorce used to be considered dirty laundry but is now commonplace. Almost everybody knows someone with a divorce story to tell. The question is, who do you want to know your divorce story?
In New York, general access to Family Court records is governed by statute. According to the Family Court Act, records of proceedings in Family Court are not open to public view. Individuals who may view your divorce file include:
- Parties to the case and their legal counsel
- Representatives and guardians of children involved in proceedings
- Officers of the court as appointed
While this law may keep documents of divorce proceedings out of the news, it does not ensure secrecy if your spouse decides to speak with the media or others about the details of your settlement.
Parties going through divorce have good reason to keep the details of their agreements away from prying eyes. Those reasons might include:
If confidentiality is important to you, ensure your divorce agreements are drafted with a clause that prohibits the discussion of financial and other details. In high-asset divorce cases, settlement payments are sometimes tied to maintenance of the confidentiality clause. The language is easily incorporated into prenuptial, postnuptial and divorce agreements.
We respect your right to privacy. When you have questions about divorce agreements or the division of assets during divorce in New York, call me at Bryan L. Salamone and Associates, P.C.