It’s not uncommon for divorcing parents to include some type of non-disparagement clause in their parenting plan. Even if a divorce is amicable, emotions can get the better of people sometimes and cause them to say something to or in front of their children about their co-parent. Sometimes, it’s disparagement by former in-laws that parents most worry about.
A typical non-disparagement clause in a parenting plan says something like, “Neither party shall disparage the other nor permit any third party to do so when within hearing range of the child.” While these clauses generally don’t land parents back in court to enforce them (although that can happen), they can serve as an incentive for everyone to watch their words around the kids.
Why they’re not just for famous people
Increasingly, couples are including more inclusive non-disparagement provisions in their divorce agreements. Typically, these are separate from parental non-disparagement clauses. They prohibit or at least limit both spouses’ ability to discuss the other one publicly – including on social media.
These non-disparagement agreements have long been used by public figures who don’t want their exes to “tell all” (with or without embellishment) to an interviewer. Now that so many people are on one or more social media platforms, anyone can do that if they don’t have the potential of legal action stopping them.
These non-disparagement clauses can be particularly valuable if you own a business, are in local politics or are otherwise a well-known figure in your community or your profession. A negative social media post by your ex or soon-to-be ex, whether true or not, could cause real professional, reputational and ultimately financial harm.
With sound legal guidance, you can negotiate a non-disparagement clause that is in both parties’ best interests and provides clear remedies if it’s breached. It can help keep even a high-conflict divorce from damaging your business and reputation.
