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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I'm trying to follow through on something my dad wanted me

Customer Question

Hi I'm trying to follow through on something my dad wanted me to do. He recently died and for some reason he wanted me to see the divorce/custody (not sure which or if they're one and the same?) papers. My mum is being cagey so can't go to her but i was wondering how i go about it and get a copy of them. They got divorced in the 70's, think it was about 74.
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 10 months ago.

Have you checked amongst your father's papers?

Customer: replied 10 months ago.
we can't find anything
Expert:  Clare replied 10 months ago.

How did he express his request?

Customer: replied 10 months ago.
Verbally on numerous occasions, from when i turned 16 (now 45), just never felt the need previously. But he also expressed this wish to my step mother who re-iterated after he died. but she said that they didn't have the papers
Customer: replied 10 months ago.
I've thought about applying with the d440 form but not sure that would give me what i'm looking for????
Expert:  Clare replied 10 months ago.

First I should say that I am sorry for your loss

However I am afraid that unless your mother has kept the papers (which she may not have done) and will show them to you then there is no way that you can obtain them.

The D440 will only give you a copy of the Decree Absolute - which is not, I think, what your father was referring to.

Even if your father was still alive and had contacted the courts himself the papers would not still have been available as old files are disposed of (indeed it can be difficult to get copies of old court orders)

I am sorry that you will not be able to access the paperwork - but do remember that court papers are rarely an accurate reflection of what actually happened as there is a tendency for both parties to exaggerate their stories and see only the bad.

Please ask if you need further details