You’ve probably heard of divorcing parents putting “non-disparagement” provisions in their parenting plans. When the divorce is less than amicable or even if there are family members on one or both sides who harbor some animosity, it can be smart to include a simple clause along the lines of “Neither party shall disparage the other nor permit any third party to do so when within hearing range of the child.”
A non-disparagement clause can protect children from hearing negative, cruel and often untrue things about one or both of their parents. It can also give everyone an added incentive to be civil at a time when they’re dealing with a lot of negative emotions.
With the increased presence of social media in our lives, some couples, whether they have children or not, are seeking court-ordered non-disparagement agreements as part of their divorce. These limit both parties’ ability to speak about the other and/or the divorce in any public forum – including social media. They’re typically separate from any non-disparagement clause in the parenting plan.
Protecting your business and reputation
We’re more likely to hear about these agreements when well-known people in entertainment, politics, media and other high-profile industries get them. However, they can be valuable to anyone who has a reputation to protect.
If you own a business, have a medical practice or run a non-profit organization, for example, a nasty social media post or comment to the local press from your ex can cause real financial and career harm. Having a non-disparagement order in place can incentivize them to keep their thoughts to themselves and make it easier to hold them legally accountable if they do cause harm. Since both parties are typically held to the agreement, it can make for a more civilized co-existence –- at least publicly.
Whether you’re considering seeking a non-disparagement agreement or your soon-to-be ex is, having experienced legal guidance is negotiating and drafting it is key to protecting your reputation and your rights.
