Decree Nisi

initial conditional grant of divorce

Decree Absolute

final grant of divorce

1881

Wives were granted the right to divorce husbands solely on the grounds of adultery.

1884

Maintenance was provided for wives in cases where husbands had no ability to pay.

1892

Extended the grounds for divorce to include offences such as drunkenness and assault. Empowered the court to try cases on 'circuit'.

1923

Introduction of reciprocal arrangements for enforcing maintenance orders issued in other parts of the Commonwealth, including England.

1959

The Commonwealth Matrimonial Causes Act 1959 provided for the uniformity of divorce laws across Australia by conferring the Federal Jurisdiction in divorce on the states.

1976

The Family Law Act 1975 replaced the Matrimonial Causes Act 1959 and established the Family Law Court of Australia and the process of no-fault divorce.

Divorce case papers, 1873-1930, 1970

The Divorce case papers are the key record series held by State Records relating to divorce. The case papers contain evidence for each particular case including Judicial separations. The information in the divorce case papers varies considerably. Examples of documents in the case papers include:

• Petitions for the dissolution of marriage
• affidavits (sworn statements)
• petitions for maintenance
• marriage certificates
• decrees nisi (not always included)
• decrees absolute (not always included), and
• correspondence.

Family Law (Divorce) Index, 1873-1976

Fiche 6130-6410

Arranged chronologically and then by the first letter of the surname, the index provides the registered number for the divorce case papers. From 1873-1925 they also record year, petitioner, respondent and co-respondent(s) if named. From 1926-1949 and 1955-76 the entries also give date of registration and date of final decree. Entries for names Kon-Z in the period 1970-74 are missing.
The Divorce Index, 1873-1923 is available to search online.

Item details of divorce case papers, 1970 amd backwards from 1930 are being progressively listed in Archives Investigator.

1

Check the Family Law (Divorce) index in our reading rooms or online to obtain the:

• Registered case number, and
• year

2

Check the Divorce case paper item lists in our reading rooms and obtain the box/container number.

Tip: Make sure the year from the index matches the year in the item list

3

Complete a request form to view the Divorce case papers.

You can fill in a request form at our Western Sydney Records Centre Reading Room or order the papers before your visit by completing and submitting the preorder form. You will need to include the:

• Name of petitioner and respondent
• Registered number
• Year
• Box/container number

Tip: A copy of a correctly completed form is shown in the divorce item lists folders in the reading rooms.

4

Check the retrieval times for Divorce case papers with reading room staff.

Process books relating to Matrimonial causes files, 9 Jul 1948-21 May 1973; 3 Oct 1973-23 Jun 1976 [6/20185-20291]

Entries in the process books are arranged chronologically and give the; case file number; names of petitioner, respondent, co-respondent (if applicable) and petitioners and respondents solicitors; dates for the petition, appearance, answer, draft issues, trial, and decree. Some volumes also show the name of the judge and the grounds of the decree.

Minutes of divorce and matrimonial causes, 1874-79

The volumes show dates of hearing, names of litigants, respective attorneys and co-respondents and in some cases names of witnesses. They contain basic details such as decisions of the court, judgments regarding costs, judgments concerning applications for custody of children and results of applications for decrees nisi to be made absolute.

Preliminary hearings for the determining the date of later hearings are included.

Copies of letters sent, 14 Jul 1873-21 May 1937

These are letterpress copies of letters sent to solicitors and private individuals. Also includes some copies of decrees absolute.

Orders for the payment of alimony, 7 May 1908-Mar 1932

These volumes contain orders (letters) authorizing the payment out of the Divorce Court Trust Fund of monies received for alimony, and specifying the persons to whom such monies should be paid.