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Divorce and privacy: how can I protect my personal information?
[Katharine]
Divorce is a really personal and private thing. And most families who are going through that experience don't want the details of it to be made public in any way. The issue is that there's an increasing drive in the family courts for the procedure and the process of the family court to be made more public. And that includes the media being able to attend hearings, but also some judgments being published.
[Oliver]
We understand that privacy in divorce is a key aspect. This is clearly a very personal matter for you. And so there's a range of options in which we can protect your privacy.
One aspect is if you go through the court proceedings, then you can seek orders from the court, specifically, a transparency order which would protect private information such as the names of children, potentially the names of the couple.
[Katharine]
ideally, you don't go anywhere near the court doors. We spend a lot of time advising clients on how to navigate the process in a way that means they don't have to go to court. And the dispute that exists is resolved in a much more private setting and completely confidentially.
[Oliver]
A different alternative outside of the court arena is, for example, mediation, arbitration or a private financial dispute resolution, or Withers' very own model, which is UnCouple. And a key advantage with all of these, aside from having more control over the process of dispute resolution, is to be able to protect your privacy.
[Andrew]
There's lots of ways we can manage the risks when you're going through a divorce. There are, obviously, out of court procedures that you can use. There's alternative dispute resolution, which our team are very adept at dealing with. But if you end up going down the court route and there's no other option, and litigation is the only way forward, there are still things we can do in terms of interacting with the press, making sure they've got the right documents, making sure those documents are redacted, and making sure there's nothing too private, too personal in those documents. They're all things that we have a lot of experience dealing with on a day to day basis.
[Katharine]
You're not at all powerless to protect your private information. And there are a number of steps that we can take that will help make sure that your private information stays private.
Divorce is a really personal and private thing. And most families who are going through that experience don't want the details of it to be made public in any way. The issue is that there's an increasing drive in the family courts for the procedure and the process of the family court to be made more public. And that includes the media being able to attend hearings, but also some judgments being published.
[Oliver]
We understand that privacy in divorce is a key aspect. This is clearly a very personal matter for you. And so there's a range of options in which we can protect your privacy.
One aspect is if you go through the court proceedings, then you can seek orders from the court, specifically, a transparency order which would protect private information such as the names of children, potentially the names of the couple.
[Katharine]
ideally, you don't go anywhere near the court doors. We spend a lot of time advising clients on how to navigate the process in a way that means they don't have to go to court. And the dispute that exists is resolved in a much more private setting and completely confidentially.
[Oliver]
A different alternative outside of the court arena is, for example, mediation, arbitration or a private financial dispute resolution, or Withers' very own model, which is UnCouple. And a key advantage with all of these, aside from having more control over the process of dispute resolution, is to be able to protect your privacy.
[Andrew]
There's lots of ways we can manage the risks when you're going through a divorce. There are, obviously, out of court procedures that you can use. There's alternative dispute resolution, which our team are very adept at dealing with. But if you end up going down the court route and there's no other option, and litigation is the only way forward, there are still things we can do in terms of interacting with the press, making sure they've got the right documents, making sure those documents are redacted, and making sure there's nothing too private, too personal in those documents. They're all things that we have a lot of experience dealing with on a day to day basis.
[Katharine]
You're not at all powerless to protect your private information. And there are a number of steps that we can take that will help make sure that your private information stays private.
Going through a divorce or separating raises very personal and intimate issues that most people want to deal with privately or, failing that, control what personal information is shared publicly.
To avoid this, you can choose to resolve your dispute away from the family court. There are various non-court dispute resolution (NCDR) methods, that offer more privacy and greater control over the outcome of your divorce. It is important to note, however, that privacy issues can arise even if you choose to separate out of court – for example, your reputation might be threatened by defamation or a data breach. If this does happen, our media, information and reputation specialists on hand to assist you, 24-7.
If non-court dispute resolution is not possible or desirable, and a transparency order is to be granted, we can still help you manage the risks to your privacy by:
- Making representations to the court about the appropriate terms of a transparency order, requesting that certain information remains private and cannot be reported (for example, details of properties and companies, identifying details of any children, and details of any abuse);
- Proactively engaging with interested journalists, and ensuring any documents shared with them are drafted and redacted appropriately;
- Setting up a crisis team (your media and family lawyers, PRs, family office representatives), who can actively monitor publications and react as quickly as possible. This will ensure that any overreach by the press is caught and articles, blogs etc. can be taken down or amended quickly; and
- Ensuring that everyone is clear about what can and cannot be said in accordance with a court order or settlement agreement.
While we can respond to any urgent or crisis situations, it is always best (if possible) to plan in advance.
Family law insights
Families and relationships are ever changing – and so too are the issues affecting them. Here we explore the latest trends and legal challenges impacting individuals, couples, and families around the world.
Family law insights
[Katharine]
Divorce is a really personal and private thing. And most families who are going through that experience don't want the details of it to be made public in any way. The issue is that there's an increasing drive in the family courts for the procedure and the process of the family court to be made more public. And that includes the media being able to attend hearings, but also some judgments being published.
[Oliver]
We understand that privacy in divorce is a key aspect. This is clearly a very personal matter for you. And so there's a range of options in which we can protect your privacy.
One aspect is if you go through the court proceedings, then you can seek orders from the court, specifically, a transparency order which would protect private information such as the names of children, potentially the names of the couple.
[Katharine]
ideally, you don't go anywhere near the court doors. We spend a lot of time advising clients on how to navigate the process in a way that means they don't have to go to court. And the dispute that exists is resolved in a much more private setting and completely confidentially.
[Oliver]
A different alternative outside of the court arena is, for example, mediation, arbitration or a private financial dispute resolution, or Withers' very own model, which is UnCouple. And a key advantage with all of these, aside from having more control over the process of dispute resolution, is to be able to protect your privacy.
[Andrew]
There's lots of ways we can manage the risks when you're going through a divorce. There are, obviously, out of court procedures that you can use. There's alternative dispute resolution, which our team are very adept at dealing with. But if you end up going down the court route and there's no other option, and litigation is the only way forward, there are still things we can do in terms of interacting with the press, making sure they've got the right documents, making sure those documents are redacted, and making sure there's nothing too private, too personal in those documents. They're all things that we have a lot of experience dealing with on a day to day basis.
[Katharine]
You're not at all powerless to protect your private information. And there are a number of steps that we can take that will help make sure that your private information stays private.
Divorce is a really personal and private thing. And most families who are going through that experience don't want the details of it to be made public in any way. The issue is that there's an increasing drive in the family courts for the procedure and the process of the family court to be made more public. And that includes the media being able to attend hearings, but also some judgments being published.
[Oliver]
We understand that privacy in divorce is a key aspect. This is clearly a very personal matter for you. And so there's a range of options in which we can protect your privacy.
One aspect is if you go through the court proceedings, then you can seek orders from the court, specifically, a transparency order which would protect private information such as the names of children, potentially the names of the couple.
[Katharine]
ideally, you don't go anywhere near the court doors. We spend a lot of time advising clients on how to navigate the process in a way that means they don't have to go to court. And the dispute that exists is resolved in a much more private setting and completely confidentially.
[Oliver]
A different alternative outside of the court arena is, for example, mediation, arbitration or a private financial dispute resolution, or Withers' very own model, which is UnCouple. And a key advantage with all of these, aside from having more control over the process of dispute resolution, is to be able to protect your privacy.
[Andrew]
There's lots of ways we can manage the risks when you're going through a divorce. There are, obviously, out of court procedures that you can use. There's alternative dispute resolution, which our team are very adept at dealing with. But if you end up going down the court route and there's no other option, and litigation is the only way forward, there are still things we can do in terms of interacting with the press, making sure they've got the right documents, making sure those documents are redacted, and making sure there's nothing too private, too personal in those documents. They're all things that we have a lot of experience dealing with on a day to day basis.
[Katharine]
You're not at all powerless to protect your private information. And there are a number of steps that we can take that will help make sure that your private information stays private.
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