Can divorce proceedings be reported in the Press?
By Vanessa Lloyd Platt
Divorce is a profoundly personal and often challenging experience. During this process, the right to privacy becomes a critical consideration for all parties involved. At Lloyd Platt & Co Solicitors, we understand the importance of safeguarding our clients’ sensitive information throughout divorce proceedings.
Often, one of the first questions asked by clients is “Can my divorce proceedings and my finances be reported in the Press at any time?” The short answer to this question is “Yes, depending upon the circumstances”.
Understanding the Right to Privacy in Divorce
The vast majority of cases heard today are only of academic interest and would not attract media attention at all. The Press is known for only wishing to report on cases that are out of the ordinary – for example due to the fame of one or both of the parties, or the extent of the assets which would give rise to public interest. Run of the mill cases are usually of little or no interest to the Press.
However, there is a gradual trend these days towards greater openness in the Family Courts. Divorce inherently involves the disclosure of a vast amount of personal information, from financial details to intimate aspects of one’s private life. In family court cases, transparency is essential to ensure a fair resolution, but it must be balanced with the right to privacy and confidentiality.
Confidentiality and Disclosure in Divorce Proceedings
Unsurprisingly there are very polarised views in relation to this subject, if you consider that the privacy of partners who are involved in intimate and often sensitive Family Law disputes, particularly where there are children, to be paramount you would not wish these to be reported.
Others argue against this saying that it is of greater importance to the public to ensure that the Family Courts are always open to scrutiny so that the public can continue to have confidence in it.
It is notable that more High Court decisions are now being reported on in the law reports, without anonymising the parties. Mr Justice Mostyn, prior to his retirement, had been a very vocal proponent of transparency and many of his judgements reported in the law reports have named the parties.
Court Orders and Privacy
Mostyn J’s last reported case on this subject, prior to his retirement was a case called Gallagher v Gallagher No 1 reporting restrictions 2022 EWF C52. In that case he firmly expressed the view that while the Family Procedure Rules provided that financial remedy proceedings be heard in private, this provides no more than partial privacy at the hearing. It prevents most members of the general public from physically watching the case but does not impose secrecy as to the facts. He went on to make the following points to go to the heart of the matter:
- Journalists and bloggers can attend a financial remedy hearing. In the absence of a valid reporting restriction or anonymity order, they can report anything they see or hear at the hearing.
- In the absence of a reporting restriction the parties can talk to whoever they like about a financial remedy hearing including giving an interview to the Press. However, they are bound by an implied undertaking not to make ulterior use of documents compulsorily disclosed by their opponents i.e., they cannot show such documents to journalists unless that journalist was specially covering the case.
If the case is transferred to the High Court, any of the High Court cases can be reported but with the permission of the Judge. If you are a celebrity and you are worried about the media coverage of your case, or the disclosure of intimate financial information, an application can be made to the Court to exclude the Press in your case.
When a court order is necessary to protect private information, court documents can be sealed to prevent public access, ensuring that sensitive matters remain confidential. This is particularly important in high-profile cases where public interest may threaten the privacy of the individuals involved.
Protecting Sensitive Information
If the Judge considers that your case, the subject matter of it or your finances are of public interest, or some aspect of your finances should be open to scrutiny, then the Court will not make such an order and will allow all the information to be reported and thereby become public.
Solicitors play a crucial role in safeguarding their clients’ sensitive information. At Lloyd Platt & Co, we emphasise the importance of privacy and reputation in all aspects of the divorce process. Whether it is through mediation or in family courts, maintaining the confidentiality of personal documents and financial information is a top priority.
As matrimonial lawyers, we look at every aspect of all matters. In order to protect people with high profiles from being exposed to public scrutiny, there will be some cases where alternative methods should be used other than going to Court.
If you are such a person, Lloyd Platt & Company will assist and will guide you through alternative methods that could produce the right results without exposing you to immediate further media scrutiny.
Legal Advice and Privacy
Obtaining sound legal advice is critical in navigating the complexities of the divorce process. Our solicitors are well-versed in the legal frameworks governing privacy and confidentiality. We provide our clients with comprehensive guidance on their rights and the measures they can take to protect their personal information.
Financial Remedy Proceedings and Privacy
Financial remedy proceedings are a core component of divorce cases, dealing with the division of assets and financial settlement. The disclosure of financial information is inevitable, but our lawyers ensure that all disclosures are handled with the utmost care to protect our clients’ privacy.
The Role of Consent in Disclosure
Consent is a key factor in managing the disclosure of private information. Clients must be fully informed about the implications of sharing their personal and financial details. At Lloyd Platt & Co, we prioritise client consent, ensuring that they understand and agree to the use and disclosure of their information in court proceedings.
Mediation as a Private Alternative
Mediation offers a more private alternative to court proceedings. It allows spouses to resolve their disputes confidentially, without the need for public disclosure of sensitive information. This method can be particularly beneficial in maintaining privacy and reducing the emotional stress of the divorce process.
Contact Lloyd Platt & Co Today
Protecting the right to privacy in divorce is a multifaceted challenge that requires diligent attention to confidentiality and consent. At Lloyd Platt & Co Solicitors, we are committed to safeguarding our clients’ personal and financial information throughout the divorce proceedings.
By balancing transparency with privacy, we strive to achieve fair and confidential resolutions for our clients. If you are navigating the complexities of a divorce, our team is here to provide expert legal advice and support, ensuring that your sensitive information remains protected.
If you want to discuss any aspect of divorce and separation, including right to privacy in divorce, please fill in our form below, call us on 0208 343 2998 or click to contact our divorce lawyers in London.
