Which divorce files are held in the State Archives Collection?
- NSW Supreme Court
- Federal Circuit and Family Law Court of Australia
How do I access the records?
Major sources for divorce records
Search the index
Additional sources
Administrative background
Divorce files contain evidence for each divorce case including Judicial Separations. They can include petitions for the dissolution of marriage, affidavits, petitions for maintenance, marriage certificates, and sometimes the decree nisi and decree absolute.
Which divorce files are held in the State Archives Collection?
1873- January 1969, July 1969 - 1976
We hold original divorce case papers for the years 1873- January 1969 (part), March 1969 (part), July 1969 -1971, and 1976.
We hold copies of divorce case papers for the years 1972-1975 on microfilm reel.
For 1972-1975, we may also hold a copy of the Decree Nisi. Please see NRS-13498 (listed below) for more information.
NSW Supreme Court
February - June 1969
Please contact the NSW Supreme Court for information about accessing records not held in the State Archives collection.
Federal Circuit and Family Law Court of Australia
Divorce records after 1976
For records of divorce after 1976 contact the Federal Circuit and Family Court of Australia.
Divorce records: what the files can tell you
Divorce files can be a detailed source of information for family history, providing extra details that may not have been discussed or known within the family
- State Archives collection
- Collections
- Family history
Divorce records in NSW
This webinar provides tips and techniques for researching divorce case papers in our collection
- Family history
- State Archives collection
- Webinar
How do I access the records?
Follow these steps to find and access divorce files held in the State Archives Collection
1873-1971: Search our catalogue
In the catalogue search box, enter one of the party's names followed by the word divorce, eg, John Smith divorce
1873-1923: Search our online Divorce Index
An alternative is to search the online Divorce Index
1972-1975: Copies on microfilm
You will need to provide the divorce casenumber and year of divorce.You can obtain this information from the Family Law (Divorce) Index, 1873-1976 on microfiche in our Reading Room.
1976: Papers not listed in the catalogue
Please contact us for assistance.
Original case papers (1873-1971, excluding February - September 1969)
1. If the file has been digitised
A PDF icon indicates a file has been digitised and can be viewed and downloaded directly from the catalogue.
Filter search results by 'digitally available'
2. If the file has not been digitised, view the original record in our Reading Room
We recommend you preorder the record
Pre-ordering gives us time to process your requests and have the records ready before you arrive to the Reading Room.
To place a preorder:
- on the search result, click on the small black clipboard icon to the right of the item title;
- click the orange clipboard icon at the right to view, edit and finalise your reading room request;
- enter your personal details and click on Confirm. You will receive a confirmation message on screen as well as email confirming the item/s you have pre-ordered
More about preordering records
Case papers on microfilm 1972-1975
1. You will need to provide the divorce casenumber and year of divorce.You can consult the Family Law (Divorce) Index, 1873-1976 on microfiche in our Western Sydney reading room to obtain these details. Entries for names Kon-Z in the period 1970-74 are missing from the index - please contact us for assistance.
2. Complete a pre-order using the'itemnot in catalogue'instructions. The records can be saved to your USB using our digital scanners in the reading room. To order a copy, use the Divorce section in the Online Copy Service Form.
1976: Papers not listed in the catalogue
Please contact us for assistance.
If you cannot visit in person you can purchase a copy of the record
To purchase a copy:
- from the search result, click on the small black shopping cart icon to the right of the item title
- select Hard copy or Digital copy
- click on Place Order
- enter your personal details and click on Continue
- complete the Payment screens and submit. You will receive an email confirming the item/s you have purchased
A note about fragile records
The condition of records in our collection are checked on a case-by-case basis as they are requested for viewing or copying. If a record is found to be fragile we may withhold access until conservation treatment can be carried out - you will be notified if there is going to be a delay.
Conservation treatments can take up to six months to be completed.
Major sources for divorce records
Series | Title | Dates |
|---|---|---|
Divorce case papers | 1873-Jan 1969, Mar 1969 (part), Jul 1969 - 1971and 1976 (original case papers) 1972-1975 (copies on microfilm reel) | |
Decrees nisi [Supreme Court] | 1963-1969 (very few) 1970-1976 (with gaps) | |
NRS 21360, [8/3242-47];Fiche 6130-6410 | Index to matrimonial causes files | 1873-1976 |
Search the index
Browse all
Divorce records index 1873-1923
Search 21,000+ entries - divorce files can include petitions for the dissolution of marriage, petitions for maintenance, marriage certificates, decrees nisi and decrees absolute
- Family history
- State Archives collection
Additional sources
Supreme Court: Divorce and Matrimonial Causes Jurisdiction
Below is a select list of records series from the Divorce and Matrimonial Causes Jurisdiction. More series are listed in our catalogue under Agency No. 1059, Family Law Division of the Supreme Court of NSW.
Series | Title | Dates |
|---|---|---|
Process books relating to Matrimonial causes files | 9 Jul 1948-21 May 1973; 3 Oct 1973-23 Jun 1976 | |
Minutes ofdivorce and matrimonial causes | 1874-1879 | |
Copies ofletters sent | 14 Jul 1873-21 May 1937 | |
Orders for the payment of alimony | 7 May 1908-Mar 1932 |
Court Reporting Office: Transcripts
NRS 2713, Transcripts of evidence of the various Courts and Royal Commissions and Boards of Inquiry, 1899-2001 includes transcripts of divorce cases. Not all divorce cases were transcribed. Transcripts may be arranged annually, or by judge. Search the catalogue for transcripts of divorce cases.
Judges Notebooks
Judges Notebooks contain notes made by the judge on cases, including divorce cases. The information can vary greatly: some judges write a summary of evidence while others note particular points of interest and some use their own shorthand.
See our catalogue for Judges notebooks in Divorce. You can narrow down your search by adding the surname of the Judge (if known).
NSW marriage certificates
Up until the end of 1983 the original marriage certificate was annotated when a marriage was dissolved. Marriage certificates are held by the Registry of Birth, Deaths and Marriages.
Newspapers
The State Library of NSW and some large university libraries hold newspapers, which may provide details concerning a particular divorce case.
Digitised copies of newspapers are available on the National Library of Australia's Trove website.
The Sydney Morning Herald published a list of cases to be heard before the Supreme Court including divorce in its Law Notices. Some published indexes to The Sydney Morning Herald are available. Newspapers such as the Truth sometimes published salacious details from divorce cases.
Administrative background
New South Wales was the last Australian colony to implement divorce legislation with the Matrimonial Causes Act, 1873.
Powers of the Court
The Act allowed for the Supreme Court to hear causes, dissolve marriages, authorise judicial separation, or order the restitution of matrimonial rights. A jury could determine matters of fact. Appeal to a full court was available.
The Court was empowered to order the payment of maintenance, decide the custody of children and award costs.
Grounds for divorce
Initially only men could petition for divorce solely on the grounds of adultery. For women requesting divorce adultery was an additional clause to causes such as bigamy, cruelty or desertion.
The case for adultery required the other party as a co-respondent. Husbands could claim damages from co-respondents and also against the property of their wife.
See our catalogue for more information about the Supreme Court of NSW Matrimonial Causes Division.
Amendments to the 1873 Act
There were many amendments to the legislation until the introduction of the Family Law Act 1975 (Commonwealth) established the Federal Family Court and effectively closed the Family Law Division of Supreme Court of NSW.
The major amendments to matrimonial causes legislation from 1881 to 1976 are listed below:
Year | Amendment |
|---|---|
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 CommonwealthMatrimonial Causes Act 1959provided for the uniformity of divorce laws across Australia by conferring the Federal Jurisdiction in divorce on the states. |
1976 | TheFamily Law Act 1975replaced theMatrimonial Causes Act 1959and established the Family Law Court of Australia and the process of no-fault divorce. |
Useful definitions
If the Court found grounds for a divorce a decree nisi was granted. If the decree nisi was not rescinded or appealed, the decree became absolute after three to six months.
Decree Nisi
Initial conditional grant of divorce
Decree Absolute
Final grant of divorce
Petitioner
The person who applies to have a divorce case decided by a court
Respondent
The person against whom the petition is filed
In the catalogue
Over 200,000 divorce files are listed and around 2,300 have been digitised through our digitisation-on-demand copy service. Files that are older than 75 years can be viewed online.
Over 40,000 decrees nisi are listed. Most of these date between 1970-1976
In the Reading Room
Access original uncopied divorce files for free
Copy order service
Order copies of divorce files and decrees nisi straight from the catalogue or through our Copy services page
Reader's ticket
To pre-order and view original records in the reading room you need a reader's ticket
Apply here
Archives behind the scenes - divorce case papers
In this episode Bonnie talks about divorce case papers in the State Archives Collection
- Video
- Behind the scenes
- Collections
Discovering the State Archives Collection
Explore the State Archives Collection on the MHNSW website
- State Archives collection
- Video
Family history guide
Tracing your family history is always easier working from the present to the past
- Family history
- State Archives collection
Promised in marriage, courting in Colonial NSW
Free men and women who courted were considered to be ‘promised in marriage’. When a promise of marriage was broken—or breached—the offending party could be pursued through the civil courts for the value of ‘lost expectations’
- Sarah Wentworth
- William Charles Wentworth
