How To Find Divorce Records

Prior to 1858, divorce in the way that we know it today was relatively rare because it was expensive, thus making it beyond the means of most people.  After 1858, it became easier for a couple to separate, but women did not gain equal rights with men until the 1920s.

Divorce Before 1858

Before 1858, it was rare that both partners could remarry.  People found differing ways to separate, however, which involved going through Parliament, although this was rare because it was expensive, the church courts, or the common law courts.

Divorce by Full Act of Parliament

If either party wished to remarry, a full divorce had to be sanctioned by an Act of Parliament. 

Fewer than 300 full divorces were granted prior to 1858.  If a woman wished to divorce her husband, she had to prove that he was cruel to the extent she felt her life was under threat. 

Because this method was expensive, it was beyond the means of most people.  The National Archives holds papers relating to the successful cases in C89 and C204, but only a few still exist.

The Parliamentary Archives also holds records of some divorce acts.

An example of where a divorcement was granted due to the wife’s adultery can be seen in the case involving John Manners, Lord Roos and Lady Anne Pierpont in 1670 under C89/15/20-21 in the National Archives.

Annulment of Marriage

Annulment of a marriage meant that the wife still had rights and any children were still considered to be legitimate.

Couples could go to church (consistory) courts of bishops to seek annulment if they felt one party in the marriage was a bigamist or from 1754, when Hardwicke’s Marriage Act had come into force, that they were under the age of 21 and had married without parental consent.  Neither party could marry again before the death of the other party.

If a marriage was annulled, the husband or wife could then apply for the marriage to be declared null and void by the church court.

Declaration of Nullity of Marriage

The husband or wife could apply for a declaration of nullity, which rendered the marriage invalid from the date of the marriage. 

A marriage could be declared null and void if either of the parties was found to have been previously married, either party was considered insane when the marriage took place, or the marriage was achieved due to fraud or imposition.

The decision was not entered into lightly because it rendered any children illegitimate and meant the wife was no longer entitled to a third of her husband’s property when he died. This was known as rights of dower. Records of these courts are kept at local county Record Offices.

Couples sometimes separated unofficially because they could not afford to go through the process of dissolution.  

A Mensa et Thoro

Another way of legally separating was a mensa et thoro which was granted if there was evidence of adultery or cruelty.  Resources regarding this are held at local Record Offices or at the National Archives.  You may find records of these cases in the Close Rolls (C54) or decree rolls of Chancery (C78).

Neither party, however, was legally allowed to marry when the other party was still alive.

The main problem with this method was that it was expensive, so it was beyond the means of most people.  

Husband Could Sell His Wife in the Market

In some cases, if the woman was adulterous, then the husband sold his wife to her lover in the market. This had no basis in law, but because it was committed publicly it meant the first husband was usually protected from any of his wife’s debts.

It also meant it protected the new husband from any action from the original husband.  You may be able to find information regarding any sale in quarter session papers or in local newspapers, which can be available in local libraries.

Remarriage Away From Home Parish

If a couple could not afford to go through the process of divorcing, the only other option open to them was for one or other of the parties to move away from their home parish to remarry, and hope no one found out they had married bigamously.

Appealing the Decision of the Court

If either of the parties wished to appeal the decision made by the court, these appeals were normally heard by the Archbishop’s Court at Canterbury or York. 

Up to 1834, an appeal could also be made to the High Court of Delegates and between 1834-1858, at the judicial committee of the Privy Council.

If you wish to discover if an appeal was heard by the Province of Canterbury’s Court of Arches, you should search in Lambeth Palace Library.  For the Consistory Court of York, you should search in the Borthwick Institute of Historical Research.

Records of the High Court of Delegates and Judicial Committee of the Privy Council can be seen in the National Archives.

Divorce After 1858

From 1858, when the 1857 Matrimonial Causes Act took effect, it became easier for couples to separate, but women did not gain equal rights with men until 1923, because they still needed to prove both adultery and cruelty, desertion, or bigamy.

Although divorce no longer needed parliamentary intervention, it was still relatively expensive, so only the wealthy could really apply.  Surviving papers from 1858-1943 are held at the National Archives in Series Reference J77. 

In 1858, the Court for Divorce and Matrimonial Causes handled any cases of divorce.  A division of the Supreme Court took over this responsibility in 1873.  Divorcing was often restricted to more affluent couples because many divorce suits occurred in London.

Legal Aid was extended in the 1920s, and it was only at this time that divorcing became possible for all classes.  Ten assize courts could hear divorce cases in 1922, and after this time many more courts could hear them.

County Courts began to hear divorce cases in the 1960s.

What Divorce Cases Can I View Online?

You can see Civil Divorce Records for England and Wales, 1858-1918 on Ancestry (subscription payable).

Records on Ancestry may include the following details, but it depends on the information recorded in the original file:

• Name
• Gender
• Spouse
• Spouse’s gender
• Type of record
• Petition year
• Date and place of marriage
• Names and birth details of any possible children
• Copy of marriage certificate

The original records are held by the National Archives under reference J 77/1/A1 to J77/1063/2238.

If the case was covered by the news, you can view divorce cases 1785-1985 at The Times Archive.

The Legislation.gov.uk website has a list of Divorces by private Acts of Parliament before 1858.

Divorce Records are also accessible via FindmyPast.

Divorce Case Files, 1858-1937

You can view the case files heard at the Supreme Court between 1858-1937 at the National Archives in J77/1/A1 – J77/1063/2238.  Case files between 1858 and 1916 can also be searched at Ancestry, but a subscription is payable for using this service.

Please be aware however that if you wish to view the case file of a divorce occurring after 1937 that only 0.2% of the files survive, whereas nearly 100% of case files survive between 1858-1927, and nearly 80% of case files between 1928-1937. 

Case files are destroyed 20 years following the divorce.  If you wish to see the case file of a divorce within this time period, the surviving case files from 1858 can be searched in J77 (by name) and J78 (original indexes).

What Information do Divorce Case Files Contain?

Information contained in the case files include:

• Copies of Decrees
• Court Process Record
• Evidence
• Original petition
• Marriage and Birth Certificates

Collusive Divorces

Decrees could be overturned if evidence was found of collusion or deceit.  Cases scrutinised by the King’s or Queen’s Proctor are found in Ts29 at the National Archives, but they are closed for up to 75 years.

Decree Absolute

If you wish to obtain a copy of a decree absolute, and you know the case number and where the court hearing took place, you should send a letter or email to the appropriate court, and on payment of a fee, they will send you a copy of the decree absolute. 

You should include your name and address, case number and how you want to pay in the correspondence.  

If you do not know the case number, but know the court the decree absolute was issued, you can ask that they search their records.  If you have some idea of the date the case occurred, the court will search 5 years of records surrounding that date. 

If you do not have an idea of the date, they will search through their records of the last 10 years.  Please note the court does make a charge to people wishing to take advantage of this service.