COPY Divorce records guide

The date of the divorce you are researching is crucial in determining where to start your search for records:

1873–January 1969 and July 1969–1976

These records are held in our collection. We hold divorce case papers for the years:

• 1873–January 1969 (part)
• March 1969 (part)
• July 1969–1971
• 1972–1975 (on microfilm reel only) and,
• 1976.

For 1972–1975, we may also hold a copy of the Decree Nisi.

February–June 1969

Contact the NSW Supreme Court for information about accessing records not held in the State Archives collection.

After 1976

Contact the Federal Circuit and Family Court of Australia.

The extent and type of documentation in the Divorce Case Papers has varied significantly over time, reflecting changes in legal practices and requirements. Here's a more detailed look at how the content and nature of these records have shifted:

1873 to 1900

• Detailed petitions: documents outlining the reasons for seeking divorce and the specifics of the case.
• Statements of issues: detailed accounts of the matters in dispute.
• Affidavits of evidence: sworn statements from parties and witnesses.
• Supporting documentation: includes a variety of materials such as letters, medical records, and other pertinent documents.
• Correspondence: letters between parties, their lawyers, and the court.
• Applications for divorce: formal requests to dissolve the marriage.
• Decrees nisi and Absolute: copies of initial and final divorce decrees.
• Financial documents: when applicable, detailed records of income, capital, and financial arrangements related to property division and alimony.

1901 to 1920

• Similar documentation: includes many of the same types of records as the earlier period, but with potentially less detail as procedures began to evolve.

1960s to 1970s

• Reduced documentation: during this period, the requirements for obtaining a divorce were relaxed, leading to less extensive documentation.
• Standardised forms: increased use of standard forms and less detailed individual case files.
• Pamphlets: files from 1976 may include informational pamphlets from the Federal Government outlining aspects of Family Law.

1873 to 1971

Search online

In the catalogue search box, enter one of the party's names followed by the word divorce, eg, John Smith divorce

Search the name index

Files for the years 1873-1923 are also listed in the online Divorce Index

1972 to 1975

Copies on microfilm

You will need to provide the divorce case number and year of divorce. You can obtain this information from the Family Law (Divorce) Index, 1873-1976 on microfiche in our Reading Room.

Files for the years 1873-1923 are also listed in the online Divorce Index

1976

Papers not listed in the catalogue for this time period. Please contact us for assistance.

If you cannot visit in person

You can hire a researcher or 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

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 case number 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 appear to be missing. You can locate divorce numbers for this time period by searching for a decree nisi in Series NRS-13498.
2. Complete a pre-order using the 'item not 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.

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.

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

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: