Before 1858

Prior to 1858, divorce in South Australia was possible through a private act of Parliament or through the ecclesiastical (church) courts.

After 1858

Divorce was authorised under the Act to Amend the Law relating to Divorce and Matrimonial Causes in South Australia 1858 (the Act).

The Act allowed for married couples to be legally separated (as opposed to divorced) and protected the earnings and property of deserted women.

Matrimonial Petitions

Divorce was also known as 'matrimonial petitions'.

Divorce was permitted without cause after two years of marriage in cases of:

  • adultery
  • cruelty
  • desertion

To initiate a divorce a husband or wife lodged a petition with the Supreme Court.

A petitioner could seek relief from the Court, including a judicial separation.

Following a separation, an order protecting the money and property of one party from the other could be issued by the Court.

The Court could also formalise a divorce by issuing an order legally dissolving the marriage which allowed both parties to marry again.

The Married Women’s Protection Act 1896 gave married women the rights to separate from their husbands and to retain custody of their children.

Records held

We hold divorce records up to 1975.  Cases were recorded by the Supreme Court of South Australia.

We do not hold divorce records from 1976.  Since 1976 the responsibility for divorce was transferred to the Commonwealth Family Court.

Access conditions

Court records and records relating to divorce are restricted from general access until 100 years since the case was closed.

  • Some indexes to Supreme Court cases are open for general access.
  • Records aged over 100 years can be viewed at our Research Centre.

Divorce records:

Researching the records

1859 - 1893

  • Divorce case files between 1859 and 1893 are listed on ArchivesSearch.
  • Use a Keyword search with the name of one of the divorced people to see what records are available.

After 1893

  • Search our hard copy index to Supreme Court matters for divorce cases.
  • Information can also be found in newspapers through Trove and in private records held by the State Library of South Australia.

Indexes and Digitised Records

This index is in hard copy only and can be viewed by appointment at our Research Centre.

Matrimonial petitions, numerical series - Matrimonial Causes Jurisdiction, Supreme Court of South Australia, 1859-1893 (GRG 36/51)

These records are petitions relating to divorces under the Matrimonial Causes Act, 1858.

They give details of the marriage and the reasons for the divorce and include:

  • petitions for dissolution of marriage
  • judicial separations
  • protection of earnings
  • decrees absolute
  • decrees nisi and nullifications of marriage
The contents of this list can be found using a Keyword search in ArchivesSearch.

Index to GRG 36/51 Matrimonial petitions, numerical series - Matrimonial Causes Jurisdiction, 1859 - 1893  may be useful to browse. It is arranged alphabetically by name of the applicant.

Documents related to matrimonial petitions - Supreme Court of South Australia, 1859-1893 (GRG 36/23)

These records are documents filed with the courts leading up to granting a divorce. They include:

  • petitions for divorce
  • affidavits
  • petitions for alimony
  • costs
  • record of court verdict

Other documentation relating to the divorce, and occasionally the record of court verdict, were maintained separately from the associated documents, but were given the same number.

The contents of this list can be found using a Keyword search in ArchivesSearch.

Index to GRG 36/23 - Records relating to divorce 1859 - 1894   may be useful to browse. It is arranged alphabetically by name of the person.

Page last updated: 16 June 2023