Protecting Your Privacy in Your Divorce

For some people, nothing could be worse than having their dirty laundry or private financial affairs out there in the public eye. They will likely cringe at the mere mention of the word divorce. Especially if they live in a state with a strong policy favoring public access to information.

For such people, you really can’t beat having a prenuptial agreement. A prenup can go a long way toward settling a divorce case in advance. Avoiding the need for public drama.

Even affirmatively prohibiting it. In part by mandating non-court methods for divorce, including mediation, collaboration or arbitration.

For issues not addressed in the prenup, or incapable of being nailed down for all time in a prenup (think child support or custody).

For enforcement or modification proceedings, differences in interpretation or changes in circumstances.

If a prenuptial agreement accomplishes nothing else, it can memorialize a commitment toward amicable resolutions … requiring privacy.

This can avoid relying on a spouse’s good graces to decide whether to litigate or not, or bluff for leverage.

The details may vary from one state to another, but in every state, privacy is greatest outside of the divorce courtroom litigation process.

Similar privacy concerns suggest consideration of trusts over wills as primary means for inheritance of estates.

Read more in this Atlanta Daily Report article: More Couples are Turning to Alternative Dispute Resolution to Prevent Invasive Financial Disclosures in Divorce .