The first colony to introduce divorce was South Australia in 1858 to the last New South Wales in 1873. The requirements differed by colony. Each colony handled its own divorces until the Federal Matrimonial Causes Act 1959 provided 14 grounds for the grant of divorce, including adultery, desertion, cruelty, habitual drunkenness, imprisonment and insanity. To succeed on one of these grounds, a spouse had to prove marital fault. There was only one no-fault ground: separation for more than five years. It was not until the Family Law Act 1975 was passed by the Federal Parliament that a "no fault divorce" existed in Australia: imprisonment and insanity. To succeed on one of these grounds, a spouse had to prove marital fault. There was only one no-fault ground: separation for more than five years.
Comments (10)
Excellent Webinar
Very comprehensive and clearly presented information. Will be very helpful for future searches.
Helen was very clear and thorough in explaining the rights, law and sources of divorce records state by state. Really enjoyed this webinar.
Thanks for a great presentation Helen, it was very clearly presented, I appreciate you sharing your knowledge on the subject of marriage and divorce in Australia
Interesting and detailed info from Helen’s talk. Knowing that records vary by state earlier on, then the federal government and finally details are not made public is useful when researching divorces in Australia.
Very clear and succinct summary of the evolution of divorce laws in the states of Australia. Pertinent sources described. Thank you Hellen and Legacy.
Great job Helen! Very informative.
Helpful information, concisely and clearly presented