Are divorce records public?
Can anyone find out that I am getting divorced?
Divorcing or ending a civil partnership is usually a straightforward, internet-based process. Parties are not required to appear in court, and their (or their lawyers') only interaction with the court system will be via a website. Both parties and their legal representatives are also required to keep information and documentation from divorce proceedings confidential. Therefore, in the vast majority of cases, it is extremely unlikely that somebody will discover that you are getting divorced unless you choose to tell them.
There are technically, however, two points at which the divorce process or documents are in some sense open (this does not mean that your name or any of your other details are readily searchable or accessible to the general public):
- During the divorce process, and as a mere formality, the parties' names will be read aloud in open court. This is at the stage that the Conditional Order is pronounced (see 'How do I get divorced in England?'). For 14 days after that, any person can technically apply to see a copy of the application for the conditional order, which only contains the parties' names and confirmation that the divorce application remains correct, with the content of the divorce application itself not available for inspection.
- The final order, previously called the decree absolute, is classed as a public record. In England a person can pay to search the record of divorces, but the public record will reveal only the parties' names, the date of marriage, the place of marriage and details of which court granted the divorce.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
Get in touch
Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce. Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.
+44 20 7597 6384 Email Sarah