Protecting Your Privacy and Reputation During Divorce

Divorce, separation and disputes over children are sensitive matters. Against a backdrop of increasing transparency in the family courts, we often need to consider our clients’ privacy and reputation. Our specialist Family and Reputation Management teams have a long history of collaboration, allowing us to navigate the crossover between these areas while protecting what matters most to you.

Privacy and confidentiality are often a significant concern for those in the public eye, and this can be a central issue in negotiations of nuptial agreements before or after marriage, or when attempting to reach a financial settlement on divorce. Confidentiality clauses or non-disclosure agreements are increasingly used, and we often assist clients with drafting or negotiating these to strike the right balance and ensure any concerns are addressed.

In the context of relationship breakdown, urgent action is sometimes required to protect a person’s privacy. Increasingly, our clients are finding themselves in difficult situations where a former partner has obtained financial or commercially sensitive information, or is threatening to share intimate photographs or personal details with friends, employers or even the press. Social media has become a significant risk area for many, especially those with a substantial following, and our cross-practice approach to these issues enables us to provide holistic advice, bespoke to your situation.

We can also help to keep family proceedings out of court. Family disputes amongst famous or high net worth individuals are now widely reported by mainstream media and for those who are the subject of this attention, having details of an immensely personal issue publicised in this way inevitably heightens the distress. With the increasing drive for enhanced transparency in the family court, the media will be able to attend hearings and report on what they see, hear and read in court documents, more than they ever have before.

If you are concerned about media attention around your divorce, it is crucial that you obtain advice early on. We can provide strategic and practical guidance, including using non-court dispute resolution, such as mediation and arbitration, to maintain your privacy while we assist with bringing your divorce to a conclusion. We work closely with our Reputation Management team, which has a wealth of experience in managing press attention and issues around publication, including defamation, privacy and data protection.

We also frequently advise clients who have been tracked or bugged without their consent; where their information has been misused; or where embarrassing or harmful information has been posted online. In disputes regarding children, we are seeing the use of covert recordings as evidence more and more. We understand the sensitivities of these situations, and we can advise on the urgent steps which can be taken to protect you.

Our Family and Reputation Management lawyers also work closely with our Criminal Litigation team and can assist in circumstances of blackmail and harassment. Our cross-practice approach allows to manage whatever situation in which you may find yourself, and assist you in navigating the family, civil and criminal court systems.