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General => The Common Room => Topic started by: hencarrai on Sunday 22 October 23 16:19 BST (UK)

Title: Divorce
Post by: hencarrai on Sunday 22 October 23 16:19 BST (UK)

Hello,
James Jones married 1914 Sept 14th, to Edith Annie Davies.
He married again in Sept 1945, to Mathilda Gittings.
1945 Certificate says he is Divorced. How do I find info about the Divorce please?

Title: Re: Divorce
Post by: rosie99 on Sunday 22 October 23 16:22 BST (UK)

Newspapers, also see this information page from TNA
https://www.nationalarchives.gov.uk/help-with-your-research/research-guides/divorce/
What proportion of case files survive?
The survival rate of divorce case files is:

1858-1927: almost 100%
1928-1937: 80%
After 1937: less than 0.2%

Title: Re: Divorce
Post by: Rena on Sunday 22 October 23 17:43 BST (UK)

This might help understand:-

After a person applies for a divorce:-

A certificate will be issued to that person which will state the time and date (s)he will be granted a conditional order or DECREE NISI.

He/She will still be married after it has been granted. They have to wait at least 43 days (6 weeks and 1 day) after it's been granted before they can apply to finalise the divorce and end the marriage. 

This is the DIVORCE ABSOLUTE.

Title: Re: Divorce
Post by: AntonyMMM on Monday 23 October 23 09:27 BST (UK)

If they divorced pre 1937, then you may well be able to view the divorce file at TNA - but for divorces after that, then the case files were no longer kept ( after a decision made in the 1960s).

But, you can get a copy of the decree absolute, which will confirm the divorce happened (but without any details of why), from the courts service.

https://www.gov.uk/copy-decree-absolute-final-order

Searches, when you don't have many details, can get expensive though.

Title: Re: Divorce
Post by: hencarrai on Monday 23 October 23 16:22 BST (UK)

Thanks for your help.
So no chance really.

Title: Re: Divorce
Post by: rosie99 on Monday 23 October 23 16:25 BST (UK)

Have you searched newspapers  :-\

Title: Re: Divorce
Post by: hencarrai on Monday 23 October 23 16:46 BST (UK)

Is that feasible, over 15 years or so?
They were living apart on 1939 register. Both claim to be married , but I guess not to each other.

Title: Re: Divorce
Post by: rosie99 on Monday 23 October 23 16:55 BST (UK)

Any newspaper report of a divorce would be searchable by name if the record was online.  It was more common for them to be reported then though it would possibly not give details.

I presume for the second marriage to have 'Divorced' noted on it that proof was given.  If he did not remarry until 1945 then it is likely they were still married to each other in 1939.  Did she remarry.

Title: Re: Divorce
Post by: hencarrai on Monday 23 October 23 17:07 BST (UK)

Edith Annie remarried in 1944, to John Bryant, with whom she was living in 1939.

Title: Re: Divorce
Post by: AntonyMMM on Tuesday 24 October 23 09:43 BST (UK)

Quote from: hencarrai on Monday 23 October 23 16:22 BST (UK)

Thanks for your help.
So no chance really.

Depends on what you want the record for - if you want to prove they divorced, it is quite straightforward, but can cost, if you want the details of why, then it is date dependant, and would need a visit to TNA.

Because of the cost of the searches, many professional researchers rarely order divorce decrees unless they need it for legal purposes e.g. in a probate case perhaps.

Title: Re: Divorce
Post by: Rena on Tuesday 24 October 23 14:08 BST (UK)

It's possible that the new divorce legislation in 1937 prompted the divorce you are curious about:-

Matrimonial Causes Act 1937
The Act extended the grounds for divorce to include desertion for over three years, cruelty and incurable insanity. Herbert's Act led to a significant increase in the annual number of divorces, though the process was still expensive.

Title: Re: Divorce
Post by: hencarrai on Thursday 26 October 23 10:48 BST (UK)

Thanks for your help everyone.