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What Is A Non-Disclosure Agreement (NDA) in Divorce?

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Nov 29, 2021

What Is A Non-Disclosure Agreement (NDA) in Divorce?

Complete Guide To a Non-Disclosure Agreement (NDA) in Divorce

Are you on the path to getting divorced? You’re not alone. Around 26,000 couples filed for divorce in 2019, and experts believe those numbers could rise due to the stress of the COVID-19 pandemic.

In some cases, you may be worried about the information your soon-to-be ex-spouse has on you. That’s where non-disclosure agreements can be a powerful tool.

Read on to find out the purpose of an NDA agreement and its legal stance.

What Is the Purpose of a Non-disclosure Agreement?

A non-disclosure agreement prevents someone from speaking or sharing information about specific topics. If an NDA is violated, it may lead to financial penalties for the person who broke the agreement. So, you should always carefully read the fine print when you’re signing an NDA.

These can be beneficial in some divorce cases. For example, suppose one or both spouses have a career that requires a lot of sensitive information. In that case, a non-disclosure agreement can ensure that neither partner shares any damaging information after the divorce. This is particularly important when the sensitive information may cause problems for a business that one or both spouses own.

Suppose some children were born as part of the marriage. In that case, a non-disclosure agreement can prevent either spouse from sharing damaging information about the marriage to preserve both parents’ relationship with their children. This can be particularly useful in the case of a contested divorce, where tensions might be high.

NDA agreements can help keep you out of the headlines in the case of a high-profile divorce.

Do Non-disclosure Agreements Hold Up in Court?

It is common for NDA agreements to be held up in court, which may become invalid in some circumstances.

The language of a non-disclosure agreement can cause it to become invalid. For example, if it’s too broad and covers too many topics, the court may rule that the agreement is overreaching.

NDA’s are also invalid in the case of illegal conduct. No matter how strict an NDA is in a divorce, parties are always allowed to report any crimes they happen to have witnessed or been victims of. However, there are still some loopholes, which come into play in cases such as the Harvey Weinstein sexual assault allegations.

How Enforceable Is a Non-disclosure Agreement?

If the terms are reasonable and legal, a non-disclosure agreement is usually enforceable. The agreement needs to include how long it’s enforceable, the scope of the agreement, who is covered by the agreement, and what information is included in the agreement.

The enforceability could differ based on the divorce laws in your state. Luckily, your attorney will be able to balance that part of the process for you.

Non-disclosure Agreements for Divorce: Decide Today

What is the purpose of a non-disclosure agreement? Well, there are clear benefits in some divorce scenarios. So, talk to your lawyer to figure out if adding an NDA to your divorce proceedings makes sense for you.

Do you need a lawyer in New Jersey? Then, make sure that you contact Dalena and Bosch ASAP.


Elizabeth Dalena helped me through a very difficult divorce and I felt working with her was like working with a friend you can trust! Beth, thank you for your professionalism and helping me through this difficult time.
Michael Mastrogiacomo - March 2020
If you’ve been searching for an honest and empathetic attorney...someone you can trust while you navigate the difficult and emotional world of family law, then do yourself a favor and contact Beth Dalena & Jessica Bosch. You’ll be so glad you did.
Par 5 Consulting - March 2020
When you are in the painful and often frightening process of divorce, the women of this law firm bring you confidence and security with their knowledge and professionalism. They exhibit that rare combination of the willingness to hold your hand like a compassionate friend and defend you like a piranha in the courtroom when necessary. They exhibit dedication, and the grace and wisdom of their long term experience. They look…
Cindy Morhouse - February 2020
These ladies have helped me several times in my experience with them. Jessica was my divorce attorney and I can say without hesitation, she was professionally and personally a gift to me. She handled my case (adversarial at best) with grace and knowledge. A fighter when necessary. She handled me in my personal state as a friend. Compassionate and kind. Beth assisted me with rewriting my deed after my divorce…
Scarlett O - January 2020
I chose Jessica A. Bosch to represent me because she was compassionate and knowledgeable. My divorce was a long and difficult journey. During this time, I lost sight of what was really important. Jessica kept me grounded and focused on what would be best for me after the divorce. I am grateful for her help in protecting two very important financial things that I might have given up. I didn't…
Cynthia R - December 2019