Divorce

[MaryA]

If you have any more pertinent information, such as places to search, add on to here, but keep it to the point, not a discussion about individual divorces.

Divorce was almost unheard of in the 19th century, but it's still worth checking for records if you think there might have been an instance in your family.

Until 1857 not only was divorce very expensive, but also a divorce could only be granted by a private Act of Parliament.

In 1858 the Civil Court for Divorce and Matrimonial Causes was created and sat in London. A husband could obtain divorce because of a wife's adultery, whereas a wife had to prove both adultery and that it was aggravated by cruelty.

From 1873 divorce petitions could be heard at county assizes and the Supreme Court's District Registries across the country. After World War I, the divorce rate went up. Although it was still expensive it was within most people's pockets and further legislative changes made it easier.

You can find records relating to divorce at the National Archives. Surviving documents are listed by name in its online catalogue. http://www.nationalarchives.gov.uk/catalogue

Source YFT June 2009

[Blue70]

I've recently received divorce records so I will take you through the process of obtaining this type of record.

You need to fill in a D440 Request for a search for Divorce Decree Absolute on the HMCS website. Click on forms and guidance for the various forms on the link below:-

http://www.hmcourts-service.gov.uk/index.htm

They charge £40 for a search of the index or there is a fee remission available depending on your circumstances. It's pretty expensive so make sure you get more than just the divorce date and names on a letter in the post. The fee remission form is an EX160.

You get more information by asking for "copies of decree absolute & Nisi" on your application.

Be patient as the process can take a few weeks. I received a letter from the Principal Registry of The Family Division after 2-3 weeks with the results of the search of the central index.

I got the date of the Decree Absolute with the two names concerned. The letter said:-

"The records for this divorce are kept in Birkenhead County Court and I have asked that Court to provide you with a copy of the certificate of Decree Absolute".

About a week later I received 3 copies of the "Certificate of making Decree Nisi Absolute (Divorce)" from Birkenhead County Court. This contained the reason for the divorce and other relevant information.

Col

[Blue70]

FMP has an index search for the years 1858 - 1903 only:-

http://www.findmypast.co.uk/DivorceStartSearchServlet?

Here is more information about divorce records from FMP:-

http://www.findmypast.co.uk/helpadvice/ ... sp#divorce


Col

[Blue70]

The Legal Aid and Advice Act 1949 provided financial assistance to people wanting to divorce who were previously unable to afford the legal fees. This fact could be useful to anyone researching a separation during or after WW2 and wondering whether the couple divorced. This link provides some information about divorce:-

BBC Family History


Blue