A written settlement agreement is not confidential unless the parties agree in writing. The PSA will be submitted once you have lived separately and apart for a year (a mandatory requirement in Virginia).Does your settlement or separation agreement contain nondisparagement or strict confidentiality provisions? Our experienced Manassas family law attorneys explain how to get out of a property settlement agreement if it is unfair in Virginia. Both defendants and plaintiffs must agree on confidentiality clauses and sign them before the settlement is complete. Upon consideration of the record, briefs, and argument of counsel, the Court is of the opinion that the judgment below should be affirmed. A confidentiality clause prevents legal teams and other members of a case from discussing certain facts related to a settlement. Fanning concluded that judicial records -- including settlement details -- should be open to the public absent some "compelling" circumstance. The short answer is that avoiding the obligations set out in a signed Agreement is quite difficult. House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements.