How to find out if someone is divorced?

Discovering someone’s marital status can be crucial in various situations, such as genealogical research, personal relationships, or legal matters. In the UK, divorce records are maintained by the government and can be accessed by the public, albeit with some restrictions. This comprehensive guide will walk you through the process of finding out if someone is divorced in the UK, including the information available, where to find it, and any associated costs. If you need expert guidance or encounter complications during the process, consulting a family law solicitor can provide invaluable support and advice tailored to your specific situation.

KEY TAKEAWAY: Are divorce records public in the UK?

In the UK, the only public record relating to a divorce is the final order, known as the “decree absolute.” This document contains basic details such as the names of the parties, the date and location of the marriage, and the court that granted the divorce. All other documents from the divorce proceedings are kept private and confidential.

Read on to learn more about accessing divorce records in the UK.

Can you access divorce records for free in the UK?

Unfortunately, it is not possible to access divorce records for free in the UK. Government bodies hold these records and charge fees for searching and providing official copies. The cost varies depending on the method used to request the records and the additional information required.

How to find divorce records in the UK?

The process for obtaining divorce records differs depending on the region within the UK:

England and Wales

• Divorce records from 1858 to 1937 are held at the National Historical Archive.
• Records after 1937 are available at both the National Historical Archive and the relevant county registrar’s office.

Scotland

• Contact the National Records of Scotland to access divorce records.

Northern Ireland

• Contact the court where the divorce was granted (either a county court or the Royal Court of Justice in Belfast).

What to do if you don’t know the court or case number?

If you don’t have the court details or case number associated with the divorce, you can:

1. Request a search from the court by providing an approximate date of the divorce (the court will search five years on either side of the given date).
2. Ask the Central Family Court to conduct a search on your behalf. You will need to complete Form D440 and pay a £65 fee for each 10-year period searched.

Accessing your own divorce records

To obtain a copy of your own divorce records, you can:

1. Contact the solicitors who handled your divorce case (they typically keep records for an average of seven years after the decree absolute).
2. Follow the steps outlined on the government’s website.
3. Directly contact the court where the divorce took place (providing the case number or exact date will expedite the process).

Do I need a lawyer to obtain divorce records?

While hiring a lawyer isn’t a requirement when accessing divorce records, it can be incredibly beneficial if you face obstacles or need guidance during the process. A skilled family law solicitor can:

• Help you determine the appropriate court or archive to contact based on factors such as the date and location of the divorce, saving you time and potential missteps.
• Assist in drafting effective and compliant requests for records, ensuring that you provide all necessary information and meet any legal requirements.
• Leverage their knowledge of the legal system to expedite the process, minimizing delays and navigating any bureaucratic hurdles that may arise.
• Provide guidance on interpreting and understanding the contents of the divorce records once obtained, clarifying any legal jargon or complex aspects of the documents.

With their support and expertise, a family law solicitor can make the process of obtaining divorce records much smoother and less stressful, allowing you to focus on the important personal or legal matters at hand.

Frequently Asked Questions (FAQs)

How long does it take to receive divorce records in the UK? If you have the case number and contact the court directly, you can usually receive a copy of the decree absolute within a week. However, if you need to request a search or go through the Central Family Court, the process may take up to 10 working days.

How far back do divorce records go in the UK? Centralized divorce records in the UK began in 1858 when the Matrimonial Causes Act moved divorce proceedings from ecclesiastical courts to the civil court system. Records prior to 1858 are rare and may be held in various archives or church records.

Can I obtain divorce records from another country? The process of obtaining divorce records from another country varies depending on the specific country. You will need to contact the relevant authorities or courts in the country where the divorce took place and follow their specific procedures.

Accessing divorce records in the UK is a straightforward process, provided you have the necessary information. While there are fees involved, the records can be obtained by contacting the appropriate court, archive, or the Central Family Court. Remember that only the decree absolute is considered a public record, while all other documents remain confidential. If you encounter any difficulties or need advice, consulting a family law solicitor can provide valuable guidance and support.

How to find out if someone is divorced in the UK?

• In the UK, only the final divorce order, known as the “decree absolute,” is considered a public record.
• Accessing divorce records in the UK is not free, as government bodies charge fees for searching and providing official copies.
• The process of obtaining divorce records varies depending on the region within the UK (England and Wales, Scotland, or Northern Ireland).
• If the court details or case number are unknown, a search can be requested from the court or the Central Family Court.
• To access one’s own divorce records, individuals can contact family law solicitor, follow government website guidelines, or directly contact the court where the divorce took place.

While not mandatory, hiring a family law solicitor can be helpful when encountering difficulties or needing assistance with the divorce record access process.