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Old newspapers may also contain detailed accounts of your ancestors' divorce. At the very least, though, for every divorce there will have been a case file. Thankfully Ancestry has files from 1858 to 1918. The information in surviving files tends to follow a standard form and can run to many pages.
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- What Can You View Online?
- Divorce Case Files, 1858-1972
- Investigations Into Collusive Divorces, 1875-1977
- Divorce Records Before 1858
- Deed of Separation
- Separations Granted Via Church Courts
- Full Divorce by Act of Parliament
- Further Reading
The following records are available to view online: 1. Divorce case files for England and Wales, 1858-1916 at Ancestry.co.uk (charges apply). The original records are held under reference J 77/1/A1 to J 77/1063/2238 2. Articles covering newsworthy divorce cases 1785-1985 – for these search The Times Archive (charges apply) 3. Browse the list of Div...
Each divorce suit created a case file. The National Archives holds case files for all divorces from the Supreme Court 1858-1937 – very few case files survive after 1937.
In cases of suspected collusion or deceit, decrees could be overturned. Registers of divorce cases investigated by the King’s or Queen’s Proctor, from 1875, are in TS 29. They are closed for up to 75 years. You may find examples of collusive divorces in the case files. See section 3 on how to search for case files.
In 1858 divorce law was introduced in England but divorce remained too expensive for most people until the 1920s. Before 1858 divorce in the modern sense, that both partners were free to re-marry, was rare. People instead found other ways to separate – through custom, the church courts, the common law courts and Parliament. See the table below for ...
A deed of separation would be drawn up between the husband and a trustee of the wife (not the wife herself) and provision made for the wife and children. If you know the names of both parties, you might find a deed of separation in the Close Rolls in C 54. You may find records of the deed and correspondence among family or estate records. Search ou...
8.1 Divorce a mensa et thoro
A divorce a mensa et thoro was a legal separation, granted on the grounds of adultery and/or life-threatening cruelty. You may find a record of these in the Close Rolls in C 54 or decree rolls of Chancery in C 78. In C 78 you may also find: 1. disputes over property rights and settlements made at the time of separation 2. church orders directing payment of money as maintenance (these could be enrolled up to six months after being made) You can find some separation settlements in PC 2indicatin...
8.2 Appeals
First appeals could be heard at the Archbishop’s Court at Canterbury or York. Further appeals were to the High Court of Delegates up to 1834, and the judicial committee of the Privy Council between 1834 and 1858. On appeal, the case would be suspended in the lower court, and transcripts of all the records transferred upwards. The table below shows where you can find records for each court. DEL 2is the main series of cause papers, which include allegations and petitions. The papers are arrange...
8.3 Declaration of nullity
The church (consistory) courts of the bishops could grant a declaration of nullity, meaning the marriage was considered invalid from the start. The children became illegitimate and the wife lost her right to inherit from her husband. You can find consistory courts records in local archives.
In order to remarry, a full divorce by Act of Parliament was required. Before 1858 fewer than 300 full divorces were granted. Only four of the petitioners were women and they had to prove life-threatening cruelty by their husband. You can find divorce acts in the Parliamentary Archives. Only a few examples exist in The National Archives in C 89 and...
Websites
Search The Times Archive (charges apply) to view articles about newsworthy divorce cases from 1785-1985. Browse a list of private Acts of Parliament to check for divorces before 1858.
Books
Visit the National Archives’ bookshop for a range of publications relating to marriage and divorce. The following publications are available in The National Archives’ library. Amanda Bevan, Tracing your ancestors in The National Archives (7th ed, Kew, 2006) Roderick Philips, ‘Divorced, beheaded, died…’, History Today XLIII (1993), 9-12 Griselda Rowntree and Norman H Carrier, ‘The resort to divorce in England and Wales, 1858-1957’, Population Studies XI (3) (1958) 188-233 Lawrence Stone, Road...
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