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What are we each entitled to in our divorce settlement?

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Access to divorce file

  • adventrose
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04 Jun 12 #334948 by adventrose
Topic started by adventrose
Hello.

I''d like to know whether I or anyone else can gain access to form D8relating to my divorce. (The Petition was filed in 2006 and Decree Absolute was 2007.) One website I have seen states "In modern proceedings, 20 years after a divorce has taken place the case files are destroyed. Within that 20-year time limit, someone can apply to the appropriate court to get permission to view the divorce file." Can anyone confirm this please? Thank you.

  • pixy
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04 Jun 12 #334952 by pixy
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That''s more or less correct. The files, apart from a record of the Absolute, are destroyed. They are closed files but like any other government file someone can make an application to see them under FoI. I can''t imagine that such a request would succeed but FoI isn''t my area of expertise.

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04 Jun 12 #334953 by dukey
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I don`t know what site you are reading but the wording seems a little odd, the Decree Absolute is a matter of record, the other documents are destroyed, the reason for divorce is never a matter of public record.

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04 Jun 12 #334963 by Tirov
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If your form D8had Solicitor involvement then a copy should be on their file. The file of papers at the Solicitors are actually yours so write to them asking for the papers and your form may suddenly appear!
Tirov

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04 Jun 12 #334968 by dukey
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Solicitors keep records for seven years, after that its the big shredder, valid point though.

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04 Jun 12 #335000 by Fiona
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Court records are archived for around 20 years and then destroyed. The absolute is a public record. There was a review about the access to records held by the court but as far as I know court files are exempt from FOI. Generally you need permission from the court to access files but there is no duty for them to be disclosed. A "subject of access request" for information about yourself can be made under the Data Protection Act 1998.

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