Private lives, public consequences: navigating relationship breakdown in the public eye

When relationships go wrong for those in the public eye, the stakes are high. Alongside the emotional and practical challenges, public figures must often contend with intense media and public scrutiny, reputational risk, and the potential for private matters to become a public spectacle.

As several recent high-profile family rifts have demonstrated, among the myriad issues that come with living and working in the public eye, a family or relationship breakdown often generates the most distress – and the greatest public and media speculation. Relationship breakdown can take many forms, ranging from family feuds and business bust ups to divorce or other relationship breakdowns.

Early advice and a coordinated response to managing the crisis are key. There are also a number of preventative steps individuals can take to protect themselves in the event that the worst happens.

When is the crisis point?

Whilst it is sometimes possible to take early advice, more often than not there will be a particular event which triggers a point of crisis:

• the press has got hold of a story before those involved are ready (or willing) to tell it;
• one party chooses to speak out;
• there has been infidelity in a relationship and the press has a compromising photo; or
• a third party in an affair has become fixated, pressurising or harassing the public figure.

First steps: coordinated response

When any relationship breaks down under public scrutiny, the immediate priority is to establish a clear understanding of the facts in order to formulate a coherent, strategic response. This is likely to involve a range of advisers, such as publicists, crisis communications professionals, digital investigators and media and family lawyers, all working closely together to calmly assess the situation and determine the most effective next steps.

The first step involves establishing what has actually happened, identifying who else may know about the situation, and considering how reliable any purported media sources might be. In the event that the press has approached with questions, interrogate the quality of those questions – could this just be a journalistic fishing expedition, or is a story about to break?

It may be possible to stop the threatened story altogether. If not, the narrative around it will need to be managed and carefully communicated. Speed matters – once armed with the discernible facts, acting swiftly and decisively is the best way to ensure the optimal outcome in these situations. The ubiquity of smartphones, the 24-hour news cycle and the reach of social media platforms make this more important than ever before.

Crisis management requires a multi-pronged approach and often involves dealing with media enquiries, preventing press and paparazzi intrusion, and addressing the misuse of private information (eg leaked photos or videos). Depending on the scenario, this may initially involve trying to engage directly with the journalist. Where it becomes apparent that the publication intends to proceed with the story, it may be necessary to contact the publication's legal team to seek to mitigate any risk of harm.

Where there is an international angle, trusted overseas advisers should be brought on board sooner rather than later. Differences in publication, defamation and privacy laws can result in divergent outcomes between jurisdictions. There is little point in shutting down a story successfully in one place, only to have it published in full in another.

What if things turn nasty?

With heightened tensions, the behaviour of one or more parties involved in a relationship or family breakdown could become problematic. Harassing, intimidating or threatening behaviour can be addressed by a range of protective measures, including restraining orders available through police involvement and protective orders that can be obtained from the Family Court, such as non-molestation orders designed to prevent a person from being subjected to any form of physical, sexual or psychological harassment.

In certain cases, the court may also make an occupation order ousting an abusive party from a shared home if there is a risk of significant harm to the other party. These protective orders are available where the parties are 'associated persons' – a broad category that includes those who are or have been married, cohabited, engaged, or in an intimate relationship of significant duration.

For high-profile individuals, consideration also needs to be given to what private and confidential material the other party has in their possession. For example, where a former partner may have intimate photographs or other private material, steps should be taken to try and negotiate and agree the transfer of copyright in those images or other material to protect against unauthorised use.

Can I help to avoid a crisis before one happens?

The short answer is yes. There are a range of ways in which high-profile individuals can take steps to ensure they are protected in advance of a potential family or other relationship breakdown.

'Pre-nups', 'post-nups' and cohabitation agreements

The benefits of pre- and post-nuptial agreements for wealth protection are well known. However, these agreements can also include confidentiality provisions covering the sharing of information, photos or communications about the relationship, as well as setting out ground rules about what can (or cannot) be posted on social media. These confidentiality provisions can be drafted to extend to any children or contemplated children of the family.

It is also possible to include a provision requiring the parties to arbitrate any dispute, meaning those proceedings would be confidential. This cannot always be guaranteed with divorce and associated financial proceedings following a shift towards greater transparency in the Family Courts.

Non-disclosure agreements (NDAs)

All contracts for members of household staff should contain confidentiality clauses aimed at protecting the privacy of the employers and children living in the household. There is a distinction between this legitimate way of protecting privacy and the much publicised and unlawful 'gagging orders' which attempted to prevent victims from reporting crimes or seeking other support. A standalone NDA could also be used for third-party contractors engaged to provide services to the household.

NDAs are a routine and legitimate part of privacy protection for individuals in the public eye. They are not designed to stifle lawful disclosures or prevent anyone from reporting wrongdoing. Rather, they function as an added layer of protection against the misuse of genuinely private or sensitive material. High profile individuals often operate in environments where a large number of third parties have varying degrees of access to their home, family life and personal information. An NDA provides a clear contractual framework that defines what can be shared, with whom, and in what circumstances.

For those entering close personal or romantic relationships with public figures, NDAs can serve a similarly legitimate purpose. They help set expectations from the outset, reduce the scope for misunderstandings, and ensure that private information exchanged within the relationship is not later exploited for commercial gain or media interest. Properly drafted, such agreements include standard carve outs allowing disclosures required by law, reporting to authorities, or seeking support from medical professionals.

Public profile

While social media often goes hand in hand with life in the public eye, clients need to be aware that volunteering private information into the public domain could impact their ability to enforce rights of privacy, by eroding their expectation of privacy.

Key steps for managing relationship breakdown in the public eye

Prevention is better than cure and there are a host of steps that can be implemented to ensure protection and privacy in the event of a relationship or family breakdown. If a crisis does occur, early advice and a coordinated response to formulate the right strategy are key.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, May 2026