COPY Divorce records guide
Where to find NSW divorce records
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. Please see NRS-13498 (listed below) for more information.
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.
Major sources for divorce records
- NRS-13495 Divorce case papers, 1873-Jan 1969 (part), Mar 1969 (part), Jul 1969 -1971, and 1976
This is our key record series relating to divorce with 200,000+ entries listed in the catalogue. The case papers contain evidence for each particular case including Judicial separations. The information in the divorce case papers varies considerably.
- NRS-13498 Decrees nisi [Supreme Court], 1963–1976
Very few decrees nisi are held from 1963 to 1969. The majority of decrees nisi held in this series are dated from 1970 to 1976 (with gaps).
A decree nisi is the first stage in finalising a divorce. It is a conditional court order confirming that the court accepts the grounds for divorce and that all legal requirements have been met. The divorce is not finalised until six months after the decree nisi is issued, at which time a decree absolute will be granted unless there are objections or further proceedings.
Information in each document includes: names of parties, date of hearing, grounds for the dissolution of marriage, court orders, suit numbers and dates of decree nisi, order and decree absolute.
- NRS-21360 Index to matrimonial causes files, 1873-1976
Check this index for the years 1972-1975 for a case number before viewing the papers on microfilm. 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 (see above).
Information from this index was used to create the Divorce Index, 1873-1923.
Search the index
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
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.
- NRS 21952 Process books relating to matrimonial causes, 1873–1976
- NRS 13493 Minutes of divorce and matrimonial causes, 1874-1879
- NRS 13499 Copies of letters sent, 14 Jul 1873-21 May 1937
- NRS 13501 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. Please note 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.
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
Divorce records in NSW
This webinar provides tips and techniques for researching divorce case papers in our collection
Archives in brief
Online
The catalogue lists over 200,000 divorce files, some of which have been digitised and are available for viewing and downloaded. Additionally, more than 40,000 decrees nisi are listed online, primarily from 1970 to 1976
Divorce records index, 1873–1923
Search 21,000+ entries by name. Information may include petitioner, respondent and co-respondent, and year. Search the index
In person
Original, uncopied records can be accessed in the State Archives Reading Room for free
Copy service
Order copies of divorce files and decrees nisi directly from the catalogue or through our Copy service
Related
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In this episode Bonnie talks about divorce case papers in the State Archives Collection
Family history guide
Tracing your family history is always easier working from the present to the past
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’