To Have but No Longer to Hold: Divorce in Australia

Helen V. Smith
Apr 14, 2023
82 views
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About this webinar

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.

About the speaker

Helen has been researching her family since 1986 with research in Australia, England, Wales and Ireland. She is the author of Death Certificates and Archaic Medical Terms and Google the Genealogist’s ...
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Comments (10)

Sort byNewest
  1. WV
    Webinar Viewer
    2 years ago

    Excellent Webinar

  2. WV
    Webinar Viewer
    2 years ago

    Very comprehensive and clearly presented information. Will be very helpful for future searches.

  3. WV
    Webinar Viewer
    2 years ago

    Helen was very clear and thorough in explaining the rights, law and sources of divorce records state by state. Really enjoyed this webinar.

  4. GM
    GEOFFREY MULHOLLAND
    2 years ago

    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

  5. WV
    Webinar Viewer
    2 years ago

    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.

  6. WV
    Webinar Viewer
    2 years ago

    Very clear and succinct summary of the evolution of divorce laws in the states of Australia. Pertinent sources described. Thank you Hellen and Legacy.

  7. MW
    Mrs Chris Wright
    2 years ago

    Great job Helen! Very informative.

  8. MC
    Marie-Chantal Chadwick
    2 years ago

    Helpful information, concisely and clearly presented

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