Divorce Records Canada: Are Divorces Public Records in Alberta?

Divorce records are public records in Alberta. You can confirm a divorce through the Central Registry of Divorce Proceedings or by contacting the courthouse where proceedings occurred. However, access to the detailed court file is restricted under Alberta's Family Practice Note 10 to parties, their legal representatives, and authorized persons.

In Canada, except for Quebec, divorce records, including evidence such as texts or photos, are public records. That means anyone may access divorce documents presented in civil or family court in Alberta, Ontario, Nova Scotia, Saskatchewan, Newfoundland and Labrador, British Columbia, New Brunswick, Prince Edward Island, and other provinces, as long as the records have not been sealed. Provincial rules on sealing vary, so some divorce records can still be restricted from public view.

Below is everything you need to know.

Quick take: are divorce records public in Alberta?

• Canada's Divorce Act does not prohibit or restrict the publication of court files.
• The Central Registry of Divorce Proceedings will only release someone else's divorce information if you have that person's written consent or need the record to enforce a law.
• A judge may order a publication ban, sealing order, or other restriction during proceedings.
• You may ask the court to refer to you by your initials during divorce proceedings.
• If a divorce related case is appealed all the way to the Supreme Court of Canada, records and judgments can be requested through the SCC Records Centre.
• You can request a copy of your Alberta certificate of divorce online through the Court of King's Bench.
• You can search Alberta court records, including divorce and other civil files, through the eServices Alberta portal.
• Courthouses maintain records for divorce proceedings handled after 1919.
• To keep divorce files private, you must ask the court for a Restricted Court Access Application.
• You will need a court order to access sealed court files.
• A spouse's conduct, such as adultery, is not relevant to obtaining a divorce.

Are Canadian divorces public records?

Divorce records are public under the open court principle, the common-law and Charter-based rule that court proceedings and court files are presumptively open to the public. The Access to Information Act (RSC 1985, c A-1) governs records held by federal government institutions, not provincial court files, so it is the open court principle, rather than that Act, that makes divorce court records publicly accessible.

Under Canadian law, only a court can grant a civil divorce. What about court transcripts? It is worth noting that in most provinces, court transcripts are prepared by private court reporting companies, not the court itself. As a result, accessing a transcript may require a court order for private hearings, or a fee paid directly to the company that holds the recording.

What to remember:

• Provincial archives hold older divorce records.
• You can access divorce records at the courthouse where the proceedings took place.
• You must contact the courthouse that processed your divorce to get a copy of your divorce certificate.
• You can access publicly available transcripts of court proceedings for a fee.

According to the Department of Justice Canada, the Central Registry of Divorce Proceedings keeps divorce records from all the provinces filed after July 2, 1968. To request someone else's record, you must complete the Search Request and Consent Form.

In short, in Canada, you can access public court records if:

• You have the legal right to see the document.
• You pay the applicable fee.
• The documents can be copied or photocopied.

You can access a digital recording of a court hearing if:

• You obtain judicial direction authorizing access.
• You pay the applicable fee.
• You have the right to obtain a copy.

If real property is involved, you should also understand dower rights under Alberta's Dower Act, which can require a spouse's written consent before the marital home is sold or mortgaged, separately from any divorce proceeding.

How can you find out if someone is divorced in Alberta?

You may use the Central Registry of Divorce proceedings linked above to find the court that processed the divorce application. Once you find the court, you may submit a request.

Note: the Central Registry only discloses details about someone else's divorce if you have that person's written consent or need the file to enforce a law, such as a support or parenting order.

Family practice Note 10 Alberta

When requesting divorce files in Alberta, you must comply with the requirements listed in Family Practice Note 10. Under Family Practice Note 10, the province of Alberta may grant you access to divorce records if:

• You are a legal representative for either party or the children.
• Member of the media.
• A person authorized by either party.

If you are not any of the above, section 5 requires, quote:

"Any other person who requests access to a Court File in a Family Law Proceeding must, each time they request access, complete and serve a "Request to Access Family Law File" form upon the parties to the action, the lawyers of record and the lawyer for the child or children of the parties, and file an Affidavit of Service with the Court."

Are divorces public records in Alberta?

Yes. All evidence presented in the divorce proceeding in Alberta are public records. To access these records, you must visit the courthouse where proceedings happened.

What counts as evidence in a divorce?

During divorce proceedings, either party may present the following as evidence.

• Abuse. To prove claims of spousal abuse, you may need hospital records, witness statements, and police records.
• Adultery. Evidence of adultery includes credit card charges, photos, emails, texts, online posts, receipts, social media activity, and so on.
• Hidden assets. Includes secret bank accounts, unreported income, safe deposit boxes, and retirement accounts.
• Income.

It is worth noting that under the Divorce Act, spouse conduct is not a relevant factor in divorce proceedings. However, you may submit the evidence above if necessary.

What to remember:

Before divorce proceedings, you may ask for the following protections.

• You may ask the court to refer to you using your initials instead of your full name.
• You may request the court to remove identifying information about children.

How to seal divorce records in Alberta

Section 8 of Alberta's Family Practice Note 10 requires that, quote:

"If a party or a child of a party wishes to prevent access to all or part of the Court File, he or she must bring a Restricted Court Access Application under Part 6, Division 4 of the Alberta Rules of Court. The applicant must give notice under Rule 6.31, including notice to the person requesting access to the file and notice to the accredited media under Rule 6"

What is a Restricted Access Application in Alberta?

A Restricted Access Application is a court order that restricts access to your divorce records. Applicants must also file the Notice to Media of Application to Restrict Access so accredited media outlets are notified of the request, as required under Rule 6.31.

What to remember:

• You must apply to restrict access to civil or family matters five days before hearings.

Can I look up someone else's divorce records in Alberta?

If the case records are public (the parties did not seal the records), you may look up divorce records in Alberta at the court where proceedings happened or via the web portal linked above.

Where to find divorce records in Alberta

Note that the year the divorce happened determines the location of the records. Consequently, below is what you need to know:

1841 to 1968: divorces granted by Acts of Parliament

You may access these divorce records through Library and Archives Canada's genealogy records, which cover births, marriages, deaths, and divorces granted by Acts of Parliament before Canada had a federal Divorce Act.

1918 to 1975:

The Provincial Archives of Alberta holds divorce records for most judicial districts in the province from about 1918 to about 1975.

For divorce records after 1975, you must contact the courthouse where the divorce proceedings took place.

In short, divorce records and civil court records in Alberta are public records. Thus, anyone may access the records by contacting the courthouse and paying a fee.

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• Child Support laws in Canada
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• Data Privacy laws in Canada