Divorce records: family history research
Records associated with the breakdown of marriage are often those which can most fully 'flesh out' a family history and provide a human prespective to otherwise rather bare facts. Divorce files may contain marriage certificates, correspondence and a great deal of information about the family.
What divorce records are available?
Early Australian divorce files are usually found in the Supreme Court records or archival repository of the relevant State.
Access to divorce files may be restricted. Anyone wishing to access files within the restricted period will need to apply to the Registrar of the relevant Supreme Court for permission.
After 1976 the Family Court of Australia is generally responsible for divorce records, although the date of commencement of the Family Court's responsibility varies from State to State. To obtain proof of their own divorces, individuals should apply to the Family Court of Australia.
To search for a record of divorce individuals can go to the ‘Commonwealth Courts Portal’, which provides web-based services for clients to access information about cases before the courts. Individuals need to register to access the portal.
How can I find out about divorce records?
SLQ holds some published indexes and there are a number of online indexes that can assist in tracing divorce records.
Queensland
Index to Divorces, 1861-1894
The index covers 1861-1894 for the Southern District.
Registers of matrimonial writs and divorce files for the Southern District (1861-1976) and for the Northern District (1870-1950 and 1961-1976) are held at Queensland State Archives.
Divorce files for cases heard in the Supreme Court, Central District (Rockhampton) are held in Rockhampton. Inquiries should be addressed to The Registrar, Supreme Court Rockhampton, GPO Box 300, Rockhampton, Qld 4700.
Prior to 1975 marriage certificates at the Queensland Registry of Births, Deaths and Marriages were annotated with the details of divorces.
Death, obituary and divorce extracts from Bundaberg & Mount Perry & General advertiser, 1885-1886, 1887-1888 / compiled by Bundaberg Genealogical Association (Q 929.3 DEA)
Check One Search online catalogue for additional titles.
New South Wales
Index to Divorce Case Papers, 1873-1930
The index currently covers the years 1876-1930. More records are being added progressively. A microfiche index for the years 1873-1974 is available in the reading rooms of State Records NSW.
Divorce case papers for 1873-1930 and 1970 are held at the Western Sydney Records Centre.
For divorce files from 1930-1976 contact the Family Law Clerk, Supreme Court of NSW, GPO Box 3, Sydney NSW 2001.
For more information consult the State Records NSW Archives in Brief 77 – Divorce records
South Australia
Matrimonial petitions for divorce, 1859-1893 [microfiche] (MFC 346.94230166 1993)
Ancestors in Archives: a guide to family history sources in the official records of South Australia / State Records, Reference Services Branch (PAM 016.9293 1991)
This guide includes information on divorce records held in the State Records of South Australia.
Tasmania
Index to Tasmanian Divorces, 1861-1920
Arranged alphabetically by the petitioner's name. Details provided include the year, case number, respondent's surname and given name, name of co-respondent and reference number.
Victoria
Divorce index, Victoria, 1861-1900
Search by surname and/or given name. The index is also available on microfiche: Divorce index, Victoria, 1861-1900 [microfiche] / Wendy Baker & Sue McBeth (MFC 929.3945 1990)
For information on locating Victorian divorce files dated after 1900 consult Public Records Office of Victoria PROV guide 61 on Divorce Records.
The Guide includes an online link to "Index to Divorce Case Files 1861-1924" which can be searched by surname or record number.
Western Australia
The State Record Office of Western Australia holds divorce records created by the Supreme Court of Western Australia for the period 1864-1976. There is an alphabetical index to these records in their Search Room.
A 75 year restriction on access to divorce files applies. For further details, see the information sheet Divorce Records [PDF 46kb].
New Zealand
The first New Zealand law permitting divorce was passed in 1867.
Whenever a divorce is granted, the original marriage certificate is stamped with the date and court location of the decree absolute. To find out if or when and where a divorce took place, you will need a copy of the marriage certificate from the Central Registry of Births, Deaths and Marriages in Wellington.
For application forms, fees and contact details follow the link under Births, Deaths and Marriages on the New Zealand Department of Internal Affairs website.
Archives New Zealand holds divorce registers and files transferred from the Supreme/High Courts. A 60 year access restriction applies. For further information see the Personal Identity Reference Guide [PDF 133kb].
Britain
The National Archives holds records of Supreme Court divorce cases. For the period 1858-1937, it is possible to locate divorce records searching in their catalogue using the series reference number J77 and the surname.
Information on divorce records held before 1858 and for the period 1938-1943 may be found in the NA research guide on divorce.
Times Digital Archive, 1785-1985
Search for the names of petitioners and/or defendants in the digital edition of The Times (London) to locate reports on divorce cases. It is available onsite at the State Library and by remote access through the website using your e-services card.
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