This is a collaborative post: Going through a divorce can feel like an incredibly private process. Your personal life can be subject to intense external scrutiny, in a way that may make many people uncomfortable. As a result, it’s natural to wonder whether your divorce records will be made available to the public.
In the UK, your divorce records are technically considered public; that being said, there are certain restrictions to accessing those records. Anyone can ask to see court records, and some information will be made available, while other parts will remain redacted to most parties in order to protect the privacy of both sides of the divorce.
If you’re concerned about your personal information being made public, then it’s always best to seek legal advice directly from a divorce solicitor.
How can you see divorce records?
In order to request to see divorce records, you’ll first need to have some basic information about the divorce in question. The simplest way of gaining access is to approach the court that processed the divorce and give them the case number.
You can send the court a letter or an email, with your name, the number of the case, your address, and a way of paying the court fee, and in most circumstances, you’ll get a copy in 7 days.
Alternatively, if you know the approximate date of the divorce, and the court that dealt with the case, you can ask the court to search for the divorce. They can only search 5 years on either side of a specific date, so you’ll need to know very roughly when the divorce happened.
Where are the records?
While most data is stored online these days, with divorce records, things are a little different, and it will depend on when the case was handled. Divorce records are meant to be kept by the court that processed the divorce for a minimum of 18 years; after that, certain elements of the divorce records will be destroyed.
Even after the 18-year mark, the core parts of the divorce record will be kept for another 82 years, meaning that they’ll be stored for a total of 100 years. Historical records for divorces between 1858 and 1937 are kept in the National Historical Archive, whereas divorces that happened after 1937 are kept in the historical archive and the County Registrar’s Office.
Why is access provided to these kinds of court records?
While divorce records obviously contain highly sensitive details about a couple’s life, access can still be important for a variety of reasons, whether you’re someone who’s starting a new life with another partner, or if you want to get married yourself again.
Clearly, it’s not a ‘yes’ or ‘no’ answer to whether divorce records are publicly accessible or not. Certain information will be accessible to everyone who knows at least a few details about the divorce and where it happened, while other details will remain protected to provide a level of privacy. If you’re unsure about what can or can’t be accessed, it’s always best to consult with a legal professional.