Divorce

[meekhcs]

Quick question.

Are there any hard and fast rules relating to which court an application for Divorce is made to? Does an application have to be made in the court local to where the marriage took place, where the applicants currently reside, or can they apply to whichever court they choose to?

Thank you

[Thunder]

It does depend on the date. This research guide by TNA may help if it is not recent, it does of course only apply to England.

https://www.nationalarchives.gov.uk/hel ... s/divorce/

[meekhcs]

Thank you Thunder I had looked at that but it didn't really answer my question.

The divorce in question took place in the 1930s. The couple originally married in Hove, Sussex but lived in South London when they separated. I cannot find a newspaper account for the divorce so am unable to narrow down date or place. There is nothing in TNA catalogue. I realise that the divorce papers themselves have probably been shredded but I was hoping to find details of the Decrees Nisi and Absolute. the only reference I have is the original marriage cert in 1932 and the recording of the marriage on a subsequent Marriage cert. The second marriage took place in 1939.

[AntonyM]

If the 2nd marriage took place in 1939, it probably means the divorce was in 1938/9 and therefore after the cut off for case papers being kept at TNA. I would expect the court to be the nearest one to where the petitioner lived that was authorised at that time for divorce cases but I don't know of any hard rule that said that.

You can get a copy of the decree absolute but it is expensive if you can't give the details. Searching a single court will cost £45, with no guarantee it will be the right one, so you will have to go for the full £65 search.

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

[meekhcs]

Thank you Anthony, I was hoping you would see the post

As I had been unable to find anything suggesting where a divorce should be applied for I think that answers my question. As all parties involved lived in very close proximity in South London then I suspect that is where the divorce was applied for, but it could have been in any of several courts.

I was just trying to tidy up a loose end.

Thanks both I will leave it there.

Sally

[jonwarrn]

For divorces in London 1938/9 perhaps try The Times?

i.e. from Norwood News, 21 October 1938
Decree Nisi For Penge Woman In the Divorce Court. On Wednesday Mr. Justice Hodson granted a decree nisi to Mrs. Beatrice Irene Mills, giving an address at Phoenix-road, Penge, whose husband, Mr. Albert Edward Millis, was accused of desertion.

Law Notices, The Times, 19 Oct 1938
Probate, Divorce and Admiralty Division
Court A (Judges' Quadrangle) (Hodson. J.). At 10.30: Undefended Divorce Causes.
Mills, B. I. v. Mills, A. E. (359)

Law Notices, The Times, 2 May 1939
Probate, Divorce and Admiralty Division
203 Decrees Made Absolute
Before Mr Justice Henn Collins
The decrees nisi in the following 203 Matrimonial Causes were made absolute
Mills, B. I. v. Mills, A. E.

[meekhcs]

Thank you jonwarrn

I tried The Gazette which has been useful to me before and didn’t find anything.

Must admit I had forgotten The Times. Will report back

[jonwarrn]

Good luck.
It might be harder if there was a co-respondent.
Then it might be something like Ainger v. Ainger and Ashby (from notices in the same two Times' editions)
Hopefully you are not looking for Smith!
Jon

[meekhcs]

jonwarrn do you have a link to The Times Archive please? I have tried googling it but I just get a blank page asking me to log in. Not even the option to register.

Thank you

[jonwarrn]

Hi
I've been searching it via Gale and a library card. I've got several(!) I think they all work from home for The Times Digital Archive, which would probably need a sub otherwise.
If you are in Lincolnshire, and have a library card, they say you can access it
https://capitadiscovery.co.uk/lincolnsh ... urces.html

Jon