Divorce Confidentiality Agreement Template for Australia

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Key Requirements PROMPT example:

Divorce Confidentiality Agreement

"I need a Divorce Confidentiality Agreement for a high-profile divorce case starting in March 2025, with specific emphasis on social media restrictions and media communication protocols, as one party is a public figure."

Document background
The Divorce Confidentiality Agreement is a crucial legal document used in Australian divorce proceedings to protect sensitive personal, financial, and family information shared during the divorce process. This agreement becomes particularly important when parties need to exchange detailed personal and financial information, handle business assets, or protect children's privacy. It ensures all parties maintain strict confidentiality while complying with the Family Law Act 1975 (Cth) and relevant privacy laws. The document is especially relevant in high-net-worth divorces, cases involving public figures, or situations where business interests need protection. Typically used at the commencement of divorce proceedings, it can also be implemented at any stage where confidentiality becomes a concern.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the agreement, including reference to the divorce proceedings and the need for confidentiality

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Divorce Proceedings', and other relevant terms

4. Scope of Confidential Information: Comprehensive description of what information is considered confidential under the agreement

5. Confidentiality Obligations: Detailed obligations regarding the handling, storage, and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to legal advisors and as required by law

7. Duration of Obligations: Time period for which the confidentiality obligations remain in effect

8. Security Measures: Required measures to protect confidential information from unauthorized access or disclosure

9. Return or Destruction of Information: Requirements for handling confidential information after the agreement ends or upon request

10. Breach and Remedies: Consequences of breaching the agreement and available remedies

11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement provisions

Optional Sections

1. Social Media and Online Presence: Specific provisions regarding social media posts, online comments, and digital communications about the divorce or related matters

2. Children's Privacy: Additional provisions specifically protecting information about minor children, to be included when children are involved

3. Business Information: Specific provisions for protecting business-related information, when one or both parties own or operate businesses

4. Third Party Obligations: Provisions regarding family members, friends, or other third parties who may have access to confidential information

5. Media Communications: Specific provisions regarding interactions with media outlets, to be included for high-profile divorces

6. Professional Practice Protection: Special provisions for protecting professional practice information, relevant for medical practitioners, lawyers, or other professionals

7. Mutual Non-Disparagement: Provisions preventing parties from making derogatory statements about each other

8. Electronic Data Handling: Specific provisions for handling digital records, emails, and electronic communications

Suggested Schedules

1. Schedule A - Specified Confidential Information: Detailed list of specific documents, information, and materials deemed confidential

2. Schedule B - Authorized Recipients: List of persons authorized to receive confidential information (e.g., legal advisors, accountants, mediators)

3. Schedule C - Security Protocols: Detailed procedures for handling and storing confidential information

4. Schedule D - Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by authorized third parties

5. Appendix 1 - Notification Requirements: Procedures and timeframes for notifications regarding potential or actual breaches

6. Appendix 2 - Destruction Certificate: Template certificate confirming destruction of confidential information when required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Legal Services

Financial Services

Professional Services

Healthcare

Education

Media and Entertainment

Technology

Real Estate

Family Services

Counselling and Mental Health

Relevant Teams

Legal

Compliance

Risk Management

Family Law Practice

Dispute Resolution

Document Management

Client Services

Administrative Support

Wealth Management

Privacy and Data Protection

Relevant Roles

Family Lawyer

Divorce Attorney

Legal Counsel

Mediator

Family Court Judge

Paralegal

Legal Secretary

Financial Advisor

Wealth Manager

Professional Valuator

Family Counsellor

Private Investigator

Court Registrar

Legal Administrator

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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