Are divorce records public?

Are divorce records public?

In the UK, only the final order (previously referred to as the decree absolute) is classified as a public record.

All other details, files and certificates – including the application (previously referred to as the petition) and the conditional order (previously referred to as the decree nisi) - are private and confidential.

Information in the final order includes:

• The names of both parties
• The date of marriage
• Place of marriage
• Details of the court granting the divorce

The final order doesn’t include any reference to financial or child arrangements, or any other personal data.

Are there any rights to privacy when it comes to divorce records?

When it comes to accessing divorce records,, once the divorce is finalised, and the final order issued, this becomes a public record. As a legal document, you can’t have a public record erased.

However, it’s important to note that as only the final order is classified as a public record, all other information pertaining to the divorce file is kept private and retained only by the court and the legal teams involved. They’ll have their own data storage policies, so it’s always best to speak to them directly if you have any questions about your data and privacy.

How do I find a copy of my divorce records?

In the first instance you can request a copy of your final order from the court that handled your divorce. You can do this by contacting the court directly, or if you do not know which court it was, you can request a search from the Central Family Court using Form D440.

A Form D440, officially titled "Request for Search for Divorce Decree Absolute”, is an open request to the Central Family Court to search their central index for a copy of your divorce records.

Can you check a person's divorce status or access their divorce records?

Although a final order may be classed as a public record, it doesn’t mean it’s widely searchable or accessible to the general public.

Records of divorces granted in England and Wales between before 1937 are kept in the National Archive. For divorces after 1937, the Gov.UK website details how to get a copy of a final order.

For divorces in Scotland, you’ll need to contact the National Records of Scotland, and for divorces in Northern Ireland you’ll need to contact the court where the divorce was finalised.

You may also find UK divorce records from 1858 to 1916 on independent historical record sites, but fees may apply.

How long do solicitors keep divorce records?

Typically, client records are kept for six years after a case concludes, aligning with the primary limitation period stated in the Limitation Act 1980. Due to the nature of family law cases, as cases of divorce or child arrangements can last over longer period of time, some solicitors may keep files for a lot longer.

As it is at the solicitors' discretion, based on policy and their assessment of the risks and needs of the case, some opt to keep the files until any children involved have reached the age of 18. This is to ensure that any ongoing matters are not delayed and are fully informed with previous case information.

How can Slater and Gordon help?

Our team of experts are on hand to support you through whatever life throws at you and your family. To find out more about how we can help you, visit our dedicated family law pages. For solicitors on your side, contact us today.

Simply get in touch on 0330 041 5869, or, if you prefer, you can contact us online.