A public record is a record that has been filed with a public office. They are documents that must be retained by institutions and made available to the public, meaning any person can inspect, examine, and copy these materials regardless of the purpose. Public record applies to government, law, business, and more. Plenty of institutions are required to make certain documents accessible in an effort to be transparent.
Sometimes, the only thing stopping people from reading whatever court-filed document they want to read is that they do not know how to access them and, when they do find them, the expense. Cases before can be accessed at the court where they were filed or at a Federal Records Center.
Divorce | State Records of South Australia
Many filed divorce documents are public record, but there are times when certain documents should not be accessible to the public. Sometimes a court matter involves a sensitive issue, and the records could be harmful if made public. A sealed record can only be viewed by obtaining a court order. Courts might agree to seal divorces that deal with children, domestic violence, private identification numbers or information, or propriety business information. They might also seal documents with false allegations to prevent the spread of misinformation.
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The Family Law Act Commonwealth transferred responsibility for divorce to the Commonwealth Family Court and established the principle of no-fault divorce. To initiate a divorce a husband or wife was required to lodge a petition with the Supreme Court.
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A petitioner could seek relief from the Court, including a judicial separation. Following a separation, an order protecting the money and property of one party from the other could be issued by the Court. The Court could also formalise a divorce by issuing an order legally dissolving the marriage which allowed both parties to marry again. Skip to main content.
Picture: Adelaide War Memorial. Divorces were also known as 'matrimonial petitions'. Some of these records have been indexed. Some indexes to Supreme Court cases are open for public access.
Certain family law documents containing sensitive information are generally filed under a sealed cover. These can include healthcare records, most financial documents, or anything with information identifying children or a victim of domestic or sexual violence.
Similarly, the court will always seal documents regarding paternity.
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Outside of these commonly sealed documents, to seal other documents you must have court approval to do so. This can be obtained through a motion or application to seal.
Speak with an experienced family law attorney if you are concerned about your divorce documents being public record. There may be action you can take to seal all or some of your records. If you are unable to file a document under seal, you may be able to redact certain pieces of information such as bank account numbers and social security numbers. Redaction means sensitive information is marked out in certain documents, leaving only the pertinent information.