Ruqayyah Snyder
If you want to find out whether someone in Australia is divorced, there are several options available. One way is to contact the Family Court of Australia or the Federal Circuit Court, which maintain records of all divorce cases filed in the country. You can request a search for a divorce decree by providing details such as the names of both parties and the approximate date of separation. If a divorce was granted, you will receive a certificate of divorce. Another option is to check with the local courthouse or the attorney who handled the divorce case. Additionally, divorce records may be held by the State Library, university libraries, or the National Library of Australia. These records can be searched through the library's catalogue or online database. It is important to note that divorce records before 1976 may be held in different places, such as the State Archives and Records of New South Wales.
| Characteristics | Values |
|---|---|
| Divorce records before 1976 | State Archives and Records of New South Wales (NSW) |
| Divorce records after 1975 | Federal Circuit and Family Court of Australia |
| Divorce records in Western Australia | Family Court of Western Australia |
| Divorce records in Victoria | Victorian Registry of Births, Deaths & Marriages |
| Divorce records in South Australia | South Australian Government Births, Deaths and Marriages Registry |
| Divorce records in Melbourne (1943-1948) | Digitised index for case numbers |
| Divorce records in Melbourne (before 1946) | PROV |
| Divorce records in regional Victoria (1890-1948) | Surname search |
| Divorce records in New South Wales (1873-1975) | State Library of NSW, large university libraries, National Library of Australia's Trove website |
| Divorce records in New South Wales (before 1983) | Annotated marriage certificates |
| Divorce records in New South Wales (before 1976) | Family Law (Divorce) Index, microfiche in the Reading Room |
| Divorce records in New South Wales (before 1946) | Supreme Court of NSW Matrimonial Causes Division |
| Divorce certificate | Available for third parties |
| Divorce order | Available for parties to the proceedings |
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What You'll Learn
Check divorce records in the National Library of Australia
Divorce records can be a detailed source of information for family history, providing extra details that may not have been discussed or known within the family. From 1976 onwards, divorce records are the responsibility of the Commonwealth Family Court of Australia.
The National Library of Australia (NLA) holds court records, which may cover the topic of divorce. The NLA's website provides a Court Records Research Guide to help you find information about court cases in court records and how to access them both at the National Library and online. The guide also provides information on how to access microfilm and scanning equipment with the help of specialist staff.
The NLA's Court Records Research Guide also provides information on the following resources:
- The Australian Joint Copying Project (AJCP) is a collection of historical material relating to Australia, New Zealand, and the Pacific dating from 1560 to 1984. It includes court records from all over Britain and Ireland.
- Ancestry (Library Edition) and Findmypast: A range of court and criminal records are available on these databases, which can be accessed in the NLA's reading rooms.
- State Records of South Australia guide to courts: Includes some online indexes.
- Divorce Index Victoria 1861-1900: Available on microform.
- Divorce and Matrimonial Causes Jurisdiction: A select list of records series from this jurisdiction is available, with more series listed under Agency No. 1059, Family Law Division of the Supreme Court of NSW.
To access divorce records at the NLA, you may need to provide the divorce case number and year of divorce. You can consult the Family Law (Divorce) Index, 1873-1976, on microfiche in the Western Sydney reading room to obtain these details. You can also search the online Divorce Index.
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Contact the Family Court of Western Australia
If you need to obtain proof of divorce in Western Australia, you will need to contact the Family Court of Western Australia. The court staff can assist with a range of matters, but they cannot give legal advice.
Contact Methods
The Family Court of Western Australia can be contacted through the following methods:
- Phone: 1300 352 000 (International: +61 2 8833 7412)
- Live chat or email enquiry on the Enquiries hub
- National Relay Service (NRS): Provide the NRS with the phone number 1300 352 000
- Translating and Interpreting Service: Call 131 450 and ask for a three-way conversation between you, an interpreter, and the Court
- Mail: Family Court of Western Australia, GPO Box F318, Perth WA 6841
Online Portal
All document lodgements at the Family Court of Western Australia are now done through the eCourts portal. To use this portal, you will need to register with your file number and participant ID, which can be obtained by contacting the Family Court call centre at (08) 9224 8222.
Requesting Proof of Divorce
If you were a party to the divorce, you will receive a divorce certificate or order by email. If you are a third party, you will receive a divorce certificate, generally via email. If the divorce cannot be proven, you will be notified by email. The court will send your proof of divorce as soon as possible after receiving your request, so please allow 10 working days for processing.
If the divorce was granted outside of Australia, you will need to contact the relevant court or authority in the country where the divorce was granted. The Family Court of Western Australia does not hold records of overseas divorces.
If the divorce was granted before 13 February 2010 or you were not a party to the divorce, you should complete the online form. If you are unable to use the online form, you can contact the court via live chat for alternative options.
Please note that there is a service fee of $30, which includes a search of court records, printing of proof of divorce (if found), and postage. This fee must be paid online with a valid Visa/Mastercard credit/debit card upon submitting the completed online form. If you do not have a credit/debit card, you can buy a prepaid debit card from various retail outlets for a nominal fee. If you are unable to pay electronically, contact the court via live chat for other options.
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Search the National Enrolment Service
If you want to find out if someone is divorced in Australia, you can request a search of the National Enrolment Service. This service can provide information on divorces filed across Australia.
To obtain proof of whether an individual was divorced in Australia, you can perform a nationwide search through the Family Court of Australia or the Federal Circuit Court. These courts maintain records of all divorce cases filed in the country.
When requesting a search, you must provide details such as the full names of both parties, the date of separation, and any other relevant information. If a divorce was granted, you can obtain a certificate of divorce. If no record of divorce is found, this serves as proof that the individual was not divorced.
The process of requesting a divorce order may vary depending on where and when the divorce was granted and finalised. Divorce orders after February 2010 are digital orders with an electronic seal and signature. These can be accessed and downloaded from the Commonwealth Courts Portal.
It is important to note that the Family Court of Western Australia should be the focus if the marriage took place in Western Australia and the individual currently resides there. Additionally, divorce records for specific states and time periods may be available through other sources, such as the State Library of New South Wales, the National Library of Australia, and the Supreme Court of Tasmania.
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Request proof of divorce from the Commonwealth Courts Portal
If you are seeking proof of divorce from the Commonwealth Courts Portal, there are a few steps you must follow. Firstly, it is important to note that only individuals who were a party to the divorce proceedings can access the proof of divorce from the portal. If the divorce was finalised after 13 February 2010, you can obtain the divorce record at no cost. However, if the divorce was finalised before this date or you were not a party to the divorce, you must complete an online form and pay a fee of $30, which includes a search of the court records, printing, and postage.
To register for the Commonwealth Courts Portal, go to the homepage and select the 'Register Now' link, following the instructions provided. You will need to provide your own username, email address, and password. Once registered, you will receive an email with instructions on how to navigate the portal. To access your divorce record, go to the ''Available Files' tab, select the ''All' tab, and choose your file. From there, under ''Additional options for this file', select 'List of orders'. Then, to open the digital order, select 'View Orders' in the right-hand column next to the 'Hearing divorce event' type. It is recommended that you print the divorce order double-sided and in colour.
If your divorce was granted in Western Australia, you will need to contact the Family Court of Western Australia directly to obtain proof of divorce. Similarly, if the divorce was granted outside of Australia, you must contact the relevant authority in that country. If the divorce occurred before 1976, you will need to reach out to the Supreme Court in the relevant state or territory in Australia.
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Contact the Registry of Births, Deaths and Marriages
If you need to obtain proof of your marital status, you may need to contact the Registry of Births, Deaths, and Marriages. This is particularly relevant if your spouse has passed away in New South Wales and you require a death certificate, which would require proof of your relationship status.
The Registry of Births, Deaths, and Marriages holds marriage certificates, which, until the end of 1983, were annotated when a marriage was dissolved. You can also contact the Registry to obtain a death certificate for your spouse if you were not divorced.
The Registry of Births, Deaths, and Marriages in each state or territory holds divorce records for different periods. For example, the State Archives and Records of New South Wales hold divorce records from 1873 to 1975. From 1976 onwards, divorce records are the responsibility of the Commonwealth Family Court of Australia.
The Victorian Registry of Births, Deaths, and Marriages provides a free, searchable, historical index of events at sea (marine) births, deaths, and marriages on ships bound for Victoria between 1853 and 1920. The South Australian Registry of Births, Deaths, and Marriages provides free, searchable, online indexes, while the New South Wales Registry of Births, Deaths, and Marriages provides free, searchable, online indexes for divorce records from 1873 onwards.
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Frequently asked questions
If the divorce was granted in Western Australia, you will need to contact the Family Court of Western Australia to obtain proof of divorce. For records of divorce after 1976, contact the Federal Circuit and Family Court of Australia. You can also request a search of the National Enrolment Service, which can provide information on divorces filed across Australia.
You can download official proof of divorce (your divorce order) at no cost from the Commonwealth Courts Portal if you were a party to the proceedings and the divorce was finalised after 13 February 2010. You will receive a divorce certificate or order by email.
Divorce records for New South Wales commence from 1873 onwards. The State Archives and Records of New South Wales hold divorce records from 1873-1975. From 1976 onwards, divorce records are the responsibility of the Commonwealth Family Court of Australia.
