Researching your Victorian ancestors

A guide to family history research using the major Victorian resources

Introduction

Divorce was really only possible in Victoria after the 19th century when the Divorce and Matrimonial Causes Act came into effect in 1861. Prior to this very few Victorian residents obtained divorces under English ecclesiastical law.

Divorce proceedings were administered by the Supreme Court of Victoria until 1976, when the Commonwealth Family Law Act 1975 was passed. From then on divorce cases have been dealt with by the Family Court of Australia.

Records from 1861-1948

The Public Record Office Victoria (PROV) holds Divorce files and cause books, 1861-1948. Records include the petitioner’s name; the respondent’s name; the case file number; a petition for the dissolution of marriage, the respondents answers etc.

Go to the  PROV Divorce files and cause books website  to access the following indexes.

  • Melbourne divorce cases (1861-1942) Search this index by entering a surname.
  • Melbourne divorce records (1943-1948) Before searching this index you will first need to the find the relevant case file number. This can be found in the online  Index to Divorce Cause Books.
  • Regional divorce cases (1890-1948) Regional divorce records (1890-1948)

Victoria Divorce Cause Books 1861-1938

The divorce cause books include a petitioner’s name, a respondent’s name and the case file number. The original records are handwritten, and each result will include a transcript and an image of the original record.

Transcripts includes; first name, last name, role, petition year, petitioner’s name, respondent’s name, case file number, state and country.

Victoria, Australia, Divorce Records, 1860-1940

These divorce records contain - the petition stating the grievance, affidavits (or supporting statements) by the petitioner, a formal answer by the respondent and any co-respondents (in cases of adultery, both parties to the adultery were summoned), further affidavits in support of that answer, orders by the court directing who is to pay for the costs of the case, a praecipe, which is an order to the clerks of the Court to produce a writ containing the formal decree made by the justice - this will often include a summary of the decision.

Records from 1942 - 1975

Supreme Court of Victoria holds divorce files from approximately 1942 to 1975.
For further information please go to -


Supreme Court Registry,
Level 2, 436 Lonsdale Street, 
Melbourne, VIC., 3000
Tel: 03 9603 9300
Fax: 03 9603 9400

Office hours: 9.30am - 4.00pm
Supreme Court website, or download their Application for divorce information form.

Records created after 1975

In 1976 the administration of divorce was transferred from Victoria to the Commonwealth. Researchers seeking access to Victorian divorce records created after 1975 can contact the Family Court (Victoria) for advice about access:

Family Court of Australia (Victoria)
Phone: (03) 8600 3763 or 1300 352 000  
Email: enquiries@familylawcourts.gov.au
 

For further information on how to access divorce records including a list of Public Record Office Victoria (PROV) records relating to divorce in Victoria please consult the PROV Divorce files and cause books  1861-1944.

See also

1860-1948 - Victoria, Australia, Divorce Records

Physical copies of these records are held at the Public Record Office Victoria (PROV). For information on how to search and request copies from PROV please go to their Divorce files and cause books webpage.

1861-1900 - Divorce Index Victoria.
Available in the Newspapers & Family History Reading Rooms, call number GMF 105 Box 2

1861-1938 - Divorce Index Victoria - Index to Divorce Cause Books
Available online through the Public Record Office Victoria (PROV)
Volume 1, 1861 -1884     Volume 2, 1885 -1897     Volume 3, 1897 -1910
Volume 4, 1911- 1924     Volume 5, 1925 -1932     Volume 6,  1932 -1938

Download the relevant collection and search through it to find a specific case i.e. `Grealy v Grealy' or `Cooksey v  Cooksey'.

Divorce not granted

Mrs Jessie Weatherall poured a cup of tea for Mr Broom at his home after his divorce petition was dismissed yesterday, Herald & Weekly Times Limited portrait collection. This work is in copyright; H38849/4822

Where else can you look?

Use the Trove - Historic Australian Newspapers archive to locate articles relating to the divorce, which may have appeared in a Victorian newspaper. For further information on how to search for articles go to the How to find items in newspapers research guide.

If the relevant local newspaper is not available on Trove, search the library catalogue for the name of the newspaper and then browse through the relevant dates.