Q. My husband and his sister are going to inherit his family’s business. I have been working there since we were married as has his sister’s husband. We all live very well on the income. Since filing for divorce, my husband has been super cagey about producing any documents related to the business or his inheritance. My lawyer keeps pressing for it.
I know from working there he and his sister run the business, and his father is just there in name. Last week they laid me off claiming there was not enough work, and the business is not doing well. I know this isn’t true – I know he is just looking to prevent me from continuing to ask questions.
My lawyer filed a motion to make him produce documents and to appoint someone to make sure he does what he is supposed to. Suddenly his lawyer is willing to produce information but is demanding that I sign a confidentiality agreement. My lawyer is telling me to just sign because it won’t look good if we go to court and that is the reason they haven’t produced the documents. I have concerns about the agreement. How can I sign if everything I learn I can never say out loud? Doesn’t the judge need to know? This makes no sense to me, and my lawyer is not answering my questions.
A. It is not unusual for someone who owns a business or has the potential for a large inheritance to ask for a confidentiality agreement before producing documents in the divorce action. You should read the proposed agreement carefully with a lawyer, be it your divorce lawyer or someone else. The standard confidentiality agreement has exceptions as to how the information can be disclosed. For example, if you have an expert engaged to value the company you can provide documents to your expert. Or if you have to argue something in court, you can provide information to the judge. You just have to typically go through steps so that the information provided to the court does not become public record. In other words, the judge will still have the information needed to make decisions in your divorce case.
Bottom line, this is not an uncommon request and you should probably sign. However, if you do not understand and your lawyer refuses to sit and explain the confusing parts, maybe it is time for a second opinion.
Email questions to whickey@brickjones.com