Lexi Webster
Divorce records in Australia can be obtained in a number of ways, depending on the region and the date of the divorce. If the divorce was granted in Western Australia, for example, one must contact the Family Court of Western Australia to obtain proof. If the divorce was finalised before 13 February 2010, or you were not a party to the divorce, an online form must be completed. Divorce records before 1976 were kept in the Supreme Court records or the archival records of the respective state. Some records are restricted, and individuals must apply for permission from the Registrar of the relevant state to gain access. Divorce records may also be found in newspaper announcements or other documentation.
| Characteristics | Values |
|---|---|
| Where to start | This depends on how old the records are. For current records, begin at the Family Courts. For records before 1976, refer to the Supreme Court records or the archival records of the respective state. |
| Online sources | The Commonwealth Courts Portal is a web-based service that provides information about cases currently before the courts. The State Library of Queensland has published indexes and online resources that can help track divorce records in Queensland, New South Wales, South Australia, and Tasmania. |
| Divorce records granted in Western Australia | Contact the Family Court of Western Australia. |
| Divorce records granted outside Australia | Contact the relevant court or authority in the country where the divorce was granted. |
| Obtaining a copy of divorce papers | This can be done through the Federal Circuit Court website. |
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What You'll Learn
Divorce records in Western Australia
If the divorce was granted before 1976, you will need to contact the Supreme Court in Western Australia to access the records. The State Archives and Records of New South Wales hold divorce records from 1873 to 1975. The Family Court of Western Australia can also provide divorce orders and certificates, which are recognised as proof that a marriage has ended.
It is important to note that divorce orders do not determine issues related to financial support, property distribution, or arrangements for children. If you are looking for proof of your own divorce, you can apply to the court. Additionally, some records may be restricted, and individuals may need to apply for permission from the Registrar of the relevant state to access them.
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Divorce records in Queensland
Divorce records in Australia vary depending on the region and the age of the records. If you are searching for current divorce records in Queensland, you can start by contacting the Family Courts. You can apply to the court for proof of your own divorce.
Before 1976, divorce records in Queensland were kept in the Supreme Court or the archival records of the state. Some records are restricted, and individuals must apply for permission from the Registrar to access them. The State Library of Queensland has published indexes and online resources that can help track divorce records.
The Queensland Courts website provides information on searching for and copying court documents. Anyone can apply to search and copy certain documents used in civil and criminal cases in Queensland. To find a document, you need the file/indictment number and/or the defendant or party names. If you don't have this information, you can contact the relevant courthouse. There are no search fees in most cases, but there may be a retrieval fee for files kept offsite.
In addition to official records, divorce announcements in historical newspapers or other documentation may be a source of information. The Queensland Government also offers a free historical index search facility for births, deaths, and marriages, which may include divorce records.
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Divorce records before 1976
If you are looking for divorce records in Australia before 1976, you will need to contact the Supreme Court in the relevant state or territory. The current family law system was established in 1975, and before this, Supreme Courts administered applications and the granting of divorces.
Divorce records for Queensland, for example, are held by the Queensland State Archives for the Southern District (1857-2007) and the Northern District (1879-1976). The State Archives of South Australia also holds divorce records from 1858-1975. Divorce records for Tasmania for the years 1861-1920 have been digitised and are searchable via the Tasmanian Names Index.
For divorce records in Victoria, the Public Record Office Victoria (PROV) holds divorce indexes and cause books from 1861-1944, which are available online and in hard copy.
In New South Wales, the State Archives and Records hold divorce records from 1873-1975. The State Library of NSW and some university libraries also hold newspapers that may provide details of divorce cases.
If the divorce was granted in Western Australia, you will need to contact the Family Court of Western Australia.
Before 1976, divorce records were held by the individual states and territories, and you will need to contact the relevant Supreme Court or state archives to access these records.
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Divorce records online
The process of obtaining divorce records in Australia varies depending on the region and the date of the divorce. Here is a guide on how to access divorce records online in Australia:
Current Divorce Records
If you are looking for current divorce records, you can start by contacting the Family Courts. However, accessing these records may not be straightforward. If you are seeking proof of your own divorce, you can apply to the court directly. The Federal Circuit Court website offers a straightforward application process to obtain a copy of your divorce record.
Divorce Records Before 1976
Divorce records before 1976 were kept in the Supreme Court records or the archival records of the respective state. Some of these records may be restricted, and individuals may need to apply for permission from the Registrar of the relevant state to access them.
Divorce Records in Western Australia
If the divorce was granted in Western Australia, you must contact the Family Court of Western Australia to obtain proof of divorce. If the divorce was finalised before 13 February 2010, or you were not a party to the divorce, you should complete an online form. A search fee of $30 applies, which includes printing and postage if a record is found.
Overseas Divorce Records
If the divorce was granted outside of Australia, you will need to contact the relevant court or authority in the country where the divorce took place. Any person can request proof of divorce, even if they were not involved in the proceedings. As a third party, you will receive a certificate stating the names of the parties and the date the divorce was finalised.
Alternative Sources
In addition to court records, divorce announcements in historical newspapers or other documentation may be a useful source of information. The State Library of Queensland has published indexes and online resources that can help track divorce records in Queensland, New South Wales, South Australia, and Tasmania.
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Divorce records from outside Australia
If you are looking for divorce records from outside Australia, you will need to contact the relevant court or authority in the country where the divorce was granted. The Federal Circuit and Family Court of Australia does not hold records of overseas divorces. However, anyone can request proof of divorce, even if they were not involved in the proceedings. As a third party, you will receive a certificate stating the names of the parties involved and the date the divorce was finalised.
To request proof of divorce, you can complete an online form. If you are unable to use the online form, you can contact the court via live chat for alternative options. It is important to provide as much information as possible in the online form to enable the court to conduct a search of their records. There is a $30 fee for this service, which includes the search, printing of the proof of divorce (if found), and postage. It is important to note that there is no refund for the service fee if a record of divorce is not found.
Additionally, if you need to confirm that you were not divorced before a certain date, you can complete an online form for proof of non-divorce. This may be required for renewing an overseas passport or for an overseas consulate.
If the divorce was granted before 1976, records were kept in the Supreme Court records or the archival records of the respective state. Some records are restricted, and individuals must apply for permission from the Registrar of the relevant state to access them.
The process for obtaining divorce records from outside Australia can vary depending on the country and the specific regulations in place. It is always advisable to check with the relevant court or authority in the country where the divorce took place for the most accurate and up-to-date information.
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Frequently asked questions
Divorce records in Australia are held by the Family Court. If your divorce was granted in Western Australia, you will need to contact the Family Court of Western Australia. If your divorce was granted before 13 February 2010 or you were not a party to the divorce, you should complete an online form.
If your divorce was granted before 13 February 2010, or you were not a party to the divorce, you will need to complete an online form. This form is also applicable if your divorce was granted outside of Australia.
You can download official proof of divorce from the Commonwealth Courts Portal for free if your divorce was finalised after 13 February 2010.
If you do not know the exact date of your divorce, you can search for it through the State Library of Queensland, which has published indexes and online resources that can help track divorce records.
