Nature of Source
Decree Nisi
Introduction
Divorce records can provide detailed background about marriages, family disputes, adultery, desertion, maintenance and separation. They are among the most revealing records for nineteenth- and twentieth-century family history research and may contain personal statements, witness evidence, addresses, occupations and financial information.
Historical Background
Civil divorce in England and Wales began in 1858 with the Matrimonial Causes Act 1857, which established the Court for Divorce and Matrimonial Causes in London. In 1875 this court became part of the Probate, Divorce and Admiralty Division of the High Court created under the Supreme Court of Judicature Act 1873.
Before 1858, marriage and divorce matters were dealt with mainly by the ecclesiastical or church courts. These courts could grant a legal separation known as divorce a mensa et thoro (from bed and board) but they could not dissolve a valid marriage. A full divorce allowing remarriage could only be obtained through a costly Private Act of Parliament, meaning divorce was largely restricted to the very wealthy.
Divorce remained relatively uncommon for many years but following the Matrimonial Causes Act 1923, which allowed women to divorce on the same grounds as men, it became a realistic option for many people. The Divorce Reform Act 1969 (effective 1971) introduced the principle of irretrievable breakdown of marriage, on grounds such as separation and desertion. England and Wales did not introduce true ‘no-fault divorce’ by simple mutual consent without blame until the Divorce, Dissolution and Separation Act 2020 (effective 2022).
Divorce Proceedings
The principal parties in a divorce case were:
- The petitioner: the husband or wife who initiated the divorce proceedings.
- The respondent: The spouse of the petitioner against whom the petition was brought.
- Co-respondent: the individual accused of adultery with the respondent.
The ‘decree nisi’ was the provisional decree issued by the divorce court to dissolve the marriage, while the ‘decree absolute’ was the final document that legally ended the marriage and permitting remarriage.
Survival of Records
Central Court and District Registries
After 1858 divorce proceedings were centralised in London through the Court for Divorce and Matrimonial Causes (1858-1875), later the Supreme Court of Judicature, Probate, Divorce and Admiralty Division, (1875-1970). Following the Judicature Acts of the late 19th century, petitions could also be filed at district registries across England and Wales. Unfortunately, many files created at district registries were later destroyed, often after relatively short retention periods commonly around 20 years.
Approximately 80% of central court divorce case files survive for the period 1858 to 1927. Survival rates declined sharply from 1938 onwards as most cases from 1938 onwards were destroyed, with only less than a 2% sample retained.
The surviving case files are mainly held at The National Archives in series J 77 and are subject to a 75-year closure rule, calculated from the date of the record. The rule prevents public access to detailed, sensitive contents of a physical case file such as petitions, allegations and personal evidence. As this period has now expired, all surviving files from 1858 to 1937 are generally open to public access. This rule also applies to the tiny fraction of surviving files that were not destroyed post 1938.
Indexes to Divorce Cases
Indexes to central court divorce cases are held in series J 78 at The National Archives and cover the years 1858 to 1945 and 1950 to 1958. A 30-year rule applies to these indexes. Even where the original case papers have been destroyed, the index containing the couple’s names, the year and the court case reference number are preserved. This at least proves a divorce took place even if the detailed paperwork no longer exists.
Decree Absolutes
If no record of a divorce is found or can be accessed, the final divorce decrees (decree absolutes) are never destroyed but are kept permanently by the Central Family Court/Bury St Edmunds Divorce Centre. Copies of the decrees may be requested for any year without waiting for a closure rule.
Scotland
In Scotland, full divorce (with the right to remarry) has been available since the Reformation. From 1563 until 1830, most divorces were handled by the Commissary Court of Edinburgh. After 1830, jurisdiction moved to the Court of Session, which had exclusive authority over divorce until 1984. From 1984, sheriff courts were also given jurisdiction to hear divorce cases where the vast majority of divorces in Scotland are now heard, with only complex or high-value cases going to the Court of Session. Unlike in England, Scottish divorce was relatively more accessible and was granted to people across social classes, including many from lower and middle class backgrounds.
Divorces from 1 May 1984 onwards are recorded in the Statutory Register of Divorces, which is searchable on ScotlandsPeople. For earlier divorces, if the couple married in Scotland after the start of statutory registration in 1855, the divorce was noted in the Register of Corrected Entries (RCE). In these cases, the registrar added a handwritten note or official stamp in the left-hand margin of the marriage register page, usually giving an RCE volume and page number confirming the divorce.
Detailed court papers from the Commissary Court and Court of Session are held by National Records of Scotland (NRS). These original case papers generally closed for 100 years for reasons of privacy. To access them, contact the NRS directly to request a historical search using the names and known dates.
Additional Resources
The following GenGuide sources could assist in researching divorce records:
Where Found
- Series J 77, Divorce and Matrimonial Causes Files 1858-2002. Records from the Court for Divorce and Matrimonial Causes, later the Supreme Court of Judicature (Subject to 30 year closure)
- Series J 78, Indexes to Divorce and Matrimonial Causes Files found in J 77.
The records covering 1858 to 1943 can be searched at TNA Discovery catalogue. Enter the name being searched and then under ‘Search for or within references’ enter ‘J’. Alternatively search these files directly from the TNA guide ‘How to look for records of Divorce’
Central Family Court
The Central Index of Decrees Absolute is held by the court which records all decrees absolute (the final stage of divorce) or final order granted by Courts in England and Wales since 1858. These indexes are not open to public inspection but can be searched by staff at the Central Family Court. To request a search of the Central Index of Decrees Absolute complete Form D440. The form is handled by the Bury St Edmunds Divorce Centre on behalf of the Central Family Court.
Parliamentary Archives/The National Archives
The Archives holds the original Private Acts of Parliament from before 1858, including those for divorces. Before the Matrimonial Causes Act 1857, the only way to obtain a full divorce that allowed re-marriage was through a Private Act of Parliament. The Parliamentary Archives has closed its physical location at the Palace of Westminster. Its collections (including these Private Acts) have been relocated to The National Archives at Kew. A list of pre-1858 divorces by Private Act is available to browse on legislation.gov.uk.
ScotlandsPeople Centre
The National Records of Scotland (NRS) based at the centre holds the full official Statutory Register of Divorces from 1 May 1984 onwards. The on-site Register includes more recent divorces that are not available online for privacy reasons. The Centre holds the Register of Corrected Entries for pre-1984 divorces which are recorded as a note/correction on the original marriage record. The Centre also holds the original Court of Session and Sheriff Court divorce process papers. Name-searchable listings in the NRS catalogue are generally only available for cases over 100 years old.
Period Covered
1858 – Onwards
Genealogical Value
- Names of parties including the name of the petitioner, the spouse (respondent) and the ‘co respondent’
- Reason or basis for divorce proceedings.
- Date and place of marriage including a copy of the marriage certificate.
- Wife’s maiden name
- Address of husband and wife.
- Names and dates of births of children.
- Occupation of parties.
- Name and address of co-respondent.
- Date of divorce.
- Witness testimony from relatives, neighbours and acquaintances.
Further References
- Annal, David & Collins, Audrey. Birth, Marriage and Death Records: A Guide for Family Historians: Pen & Sword Books, 2012
- Bevan, Amanda. Tracing Your Ancestors in the National Archives: The National Archives, 2006
- Cohen, Deborah, Family Secrets: Living with Shame from the Victorians to the Present Day: Viking, 2013
- Horstman, Allen. Victorian Divorce: Croom Helm, 1985 (Limited preview available from Google Books)
- Leneman, Leah. Alienated Affections: The Scottish Experience of Divorce and Separation 1684- 1830: Edinburgh University Press, 1998 (Preview available from Google Books)
- Phillips, Roderick. Untying the Knot: A Short History of Divorce: Cambridge University Press, 1991 (Preview available from Google Books)
- Probert, Rebecca. Divorced, Bigamist, Bereaved? The Family Historian’s Guide to Marital Breakdown, Separation, Widowhood, and Remarriage: from 1600 to the 1970s: Takeaway Publishing, 2015
Stone, Lawrence. Road to Divorce: England 1530-1987: Oxford University Press, 1990 (Preview available from Google Books) - Stone, Lawrence. Broken Lives: Separation and Divorce in England, 1660-1857: Oxford University Press, 1993
Websites
The National Archives Guide
How to look for records of Divorce. This guide will help you to find records held at The National Archives for divorce and separation. You are unlikely to find documents for any divorce since 1937 among our records.
Findmypast Guide
How to find UK divorce records for family history.
Findmypast Guide
How to find out if your ancestors were divorced.
Who Do You Think You Are? Magazine
How to find divorce records in England and Wales. Marriage law expert Rebecca Probert explains the history of divorce and where to find divorce records online and in the archives
Cambridge Family Law Practice
A brief history of divorce. The blog post provides a timeline of how divorce law evolved in England from medieval church rules through to the early 2010s.
Family History UK
Divorce Courts. The guide provides an overview of the history of civil divorce in England and Wales from 1858 onwards and a clear explanation of the main record series at The National Archives.
Hampshire Genealogical Society
A History of Divorce.
National Records of Scotland
Research Guides: Divorce and Separation Records. This guide provides advice about finding records of divorce from 1563 to the present day and finding records of separation and other cases. The guide includes a history of divorce in Scotland.
Online Databases
Ancestry
England & Wales, Civil Divorce Records, 1858-1918. This database contains records from civil divorce proceedings that followed the 1857 Matrimonial Causes Act. The original records are held in series J 78 at The National Archives.
Findmypast
England & Wales, Divorce Court Index, 1858-1937. Search indexed and digitised images of the original entry books where divorce and matrimonial suits were filed. The original records are held in series J 78 at The National Archives.
GOV.UK
Get a copy of a decree absolute or final order. The site explains how to get a copy of a Final Order (or Decree Absolute) from a divorce, annulment, or dissolution of a civil partnership in England or Wales. The Central Index (held by the Central Family Court / Bury St Edmunds Divorce Centre) records all decrees absolute/final orders granted by courts in England and Wales since 1858. Anyone (not just the parties involved) can apply for a search. The standard way to request this search is by completing Form D440.
ScotlandsPeople
Search the index of the official Statutory register of divorces from 1 May 1984 to the present day. Search results allow you to order an extract (certificate) of the divorce. Pre-1984 divorces are not in this statutory register. Instead, they were noted in the Register of Corrected Entries (RCE) linked to the marriage record.
Scottish Indexes
Scottish Paternity Index. Search civil court paternity cases known as ‘Actions of Affiliation and Aliment’ heard in Sheriff Courts covering southern Scotland.
Old Scottish
Sheriff Court Paternity Decrees, 1800-1919: Search indexes to over 45,000 Sheriff Court affiliation and aliment decrees. The decrees deal with child maintenance issues and typically identify the father and mother, give the date of the child’s birth and stipulate the amount the father was required to pay.
CD Roms
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