Privacy in Divorce: Practical Guidance for Advisors

When clients face separation, privacy becomes a core concern — especially for high-profile individuals or those with sensitive financial or family circumstances. As an advisor, your role is to translate legal options into a clear, risk-managed plan that protects clients’ reputations, assets, and family relationships while ensuring enforceable outcomes. 

In this blog, I will outline the privacy risks inherent in public court proceedings and provide advisors with practical, legally informed strategies for steering clients toward confidential dispute‑resolution options—such as Med‑Arb, collaborative family law, and private arbitration—while offering actionable steps to protect sensitive information at every stage of the separation process. 

Privacy Risks of Court Proceedings 

Court proceedings inherently pose significant privacy risks for clients, as the default rule is that court files and hearings are open to the public. This openness means that highly sensitive information—such as detailed financial statements, business valuations, corporate structures, and personal or familial matters—may become part of a publicly accessible record. For high‑profile individuals or clients with complex financial affairs, even routine filings can inadvertently reveal information that could affect reputation, commercial relationships, or family dynamics. 

For advisors, a key priority is to help clients identify which elements of their financial and personal profiles are most sensitive. This involves assessing not only the nature of the information but also the likelihood and impact of potential publicity. Advisors should work closely with legal counsel at the earliest stages of separation planning to evaluate what must be disclosed, what can be protected, and how to strategically manage the timing of filings to reduce unnecessary exposure. Early coordination helps ensure that disclosure is narrowly tailored, that privilege is preserved where possible, and that steps are taken proactively rather than in response to legal or media pressure. 

In practice, one of the most effective ways advisors can support privacy protection is by guiding clients away from reactive or unilateral actions—particularly when emotions run high. Filing documents without legal guidance can trigger public access before a cohesive privacy strategy is in place. Similarly, responding to media inquiries or posting on social media can unintentionally escalate attention or contradict legal advice. Encouraging clients to seek immediate input from a family lawyer before making any public‑facing decisions helps maintain control over the narrative and reduces the risk of creating or amplifying reputational harm. 

Mediation-Arbitration (Med-Arb) 

What It Is 

A hybrid process where parties first attempt confidential mediation; if unresolved, an agreed neutral acts as arbitrator and issues a binding decision. 

Legal Considerations for Advisors 

Ensure clients understand that mediators do not provide legal advice, and that independent legal counsel is essential before signing any mediated agreement or accepting an arbitral award. Confirm enforceability under applicable provincial rules. 

Practical Steps to Implement 

1. Engage a collaboratively trained lawyer early. 

2. Draft a clear Med-Arb agreement specifying confidentiality, scope, and whether the mediator will switch roles. 

3. Preserve privilege by limiting written disclosures to what is necessary for resolution. 

Client Suitability  

Best for clients who want control, speed, and confidentiality but are willing to accept a private decision if mediation fails. 

Collaborative Family Law 

What It Is 

A structured negotiation in which each party retains collaboratively trained lawyers, and all participants commit in writing not to litigate; professionals (financial neutrals, coaches) can be engaged. 

Legal Considerations for Advisors 

Confirm the participation agreement includes confidentiality clauses and outlines the process for resolving impasses. Advise clients on the consequences of withdrawing from the collaborative process, including the potential for replacement counsel and disclosure obligations. 

Practical Steps to Implement 

1. Coordinate a multidisciplinary team (lawyer, financial advisor, valuation expert) before the first meeting. 

2. Document roles and confidentiality in the participation agreement. 

3. Prepare financial disclosure packages that are narrowly tailored and subject to confidentiality protections. 

Client Suitability

Ideal for clients committed to cooperative resolution and who value privacy and control over the process. 

Private Arbitration 

What It Is  

A consensual adjudicative process where an arbitrator issues a binding award that can be enforced like a court order. Hearings and awards are private unless parties agree otherwise. 

Legal Considerations for Advisors 

Ensure arbitration clauses or agreements are drafted to cover scope, evidentiary rules, confidentiality, and appeal rights. Confirm that independent legal advice is provided to each party before arbitration begins. 

Practical Steps to Implement 

1. Select an arbitrator with family law expertise and a reputation for discretion. 

2. Negotiate procedural rules (document exchange, hearing format, confidentiality). 

3. Plan for enforcement by confirming the award recognition under provincial statutes. 

Client Suitability 

Appropriate where parties want a final, enforceable decision without public court records and where litigation risk must be minimized. 

Implementation Checklist for Advisors 

1. Early coordination: Introduce the privacy strategy at intake and loop in a family lawyer immediately. 

2. Document confidentiality: Insist on written confidentiality and participation agreements before substantive disclosures. 

3. Independent legal advice: Confirm clients obtain and document independent legal advice at each critical stage. 

4. Narrow disclosures: Limit financial and personal disclosures to what is necessary for resolution; use redacted summaries where possible. 

5. Team selection: Recommend neutrals and counsel experienced in private processes and media-sensitive matters. 

6. Contingency planning: Prepare for potential enforcement actions, appeals, or inadvertent public disclosure, and advise on damage-control protocols. 

Advisors who proactively integrate these private dispute resolution options into their client planning can reduce reputational exposure, shorten timelines, and preserve relationships. If you’d like a checklist for confidentiality clauses or a recommended questions list for selecting neutrals, Erin Reid can prepare those materials tailored to Ontario practice.