Auckland Regional Office
Fact Sheet 4
Divorce records
Divorce
A Divorce is the official termination of a marriage. Once a Decree Absolute (the final decree in divorce
proceedings) has been granted it becomes lawful for the respective parties to marry again as if the prior
marriage had been dissolved by death.
Divorce files contain all the legal documentation required for the granting of a divorce. Note however that
not everyone who filed a petition for divorce actually completed the divorce proceedings. If the parties
reconciled after the petition was filed, then the divorce proceedings stopped. If later they wished to
terminate the marriage then a new file was started under a new number. Some parties commenced
divorce proceedings more than once over a number of years. In some of these cases the husband may
have been the petitioner in the first proceedings, and in the second file the wife is the petitioner and the
husband the respondent. Petitioning for divorce does not always end in the termination of a marriage.
Parties may start proceedings in one court (e.g. Auckland), not finalise them, then start proceedings again
in another court (e.g. Gisborne) if one party has moved to another area. Researchers should not assume
that because the family lived in one area that a divorce could not therefore be filed in a different district.
The Origins of Divorce Laws in New Zealand
In New Zealand the Supreme/High Court had exclusive jurisdiction in the matters of divorce proceedings
from 1867 until 1980. In 1980 the Family Proceedings Act and Family Court Act meant that divorce
proceedings now came under the jurisdiction of the District Court. The files were then called Family
Proceeding Files (from 1980). All divorce proceedings commenced in the Supreme Court prior to the
establishment of the Family Court in 1980 continued to be handled by the Supreme Court.
The 1867 Divorce and Matrimonial Causes Act permitted husbands to divorce their wives for provable
adultery on the part of the wife. Wives however had to prove both adultery and some other legally
defined type of cruelty, or desertion.
In 1889 the Divorce and Matrimonial Causes Act was amended so that a husband or a wife could now
petition for divorce simply on the grounds of adultery. The grounds for divorce were also extended to
include other causes such as wilfully deserting the petitioner without cause for 5 years; being a habitual
drunkard for 4 years or more, (with a failure to provide support or neglect of domestic duties); cruelty,
attempted murder of the petitioning spouse or any of their children; the respondent was a lunatic or of
unsound mind and had been confined in an institution for at least 10 years; or that the husband was guilty
of incestuous adultery, rape, sodomy, or bestiality. Also where one party had married twice or when there
were reasonable grounds for supposing the other party to the marriage was dead.
Over the years the grounds for divorce have further been extended and waiting times reduced.
The Divorce and Matrimonial Causes Act has also had various name changes over the years such as
Matrimonial Proceedings in 1960s, Domestic Proceedings in 1970s, Family Proceedings in 1980 etc.
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Some explanations of terminology used in Divorce Proceedings
Petition for Dissolution of Marriage
The term “A petition for dissolution of marriage” is a request to the Court for a decree of divorce.
Petition for Restitution of Conjugal Rights
When one spouse has withdrawn from co-habitation the other may present a petition for restitution of
conjugal rights and the Court may make a decree directing the spouse who withdrew to return to
cohabitation. Failure to comply with the decree may be a ground for granting a decree of separation.
Failure to comply with a decree of restitution of conjugal rights for 2 years or more could be a ground for
divorce.
Presumption of Death and Dissolution of Marriage
Any married person may present a petition to the court where there are reasonable grounds for
supposing that the other party to the marriage is dead. Usually the person must have been absent for
seven or more years and that nothing has happened within that time to give the petitioner reason to
believe that the other party was still living. Every decree of presumption of death and dissolution of
marriage is a decree nisi in the first instance.
Dissolution of a Voidable Marriage
A petition for dissolution of a voidable marriage could be made by either party to the marriage. A
marriage was considered voidable if it had not been consummated, if either party had a mental disorder
at the time of the marriage, if the respondent was suffering from venereal disease in a communicable
form at the time of marriage, if the wife was pregnant by another man or another woman was pregnant by
the husband at the time of the marriage.
Petitioner
The husband or wife who presents a formal written application to the court requesting judicial action in the
matter of the dissolution of a marriage, and the grounds for that dissolution which requires the judgement
and sanction of the court.
Respondent
The husband or wife who is required to make an answer to the petition of the partner requesting a
divorce.
Co-respondent
A co-defendant. A person summoned to answer a petition, together with another respondent. Used for
example to designate the person charged with adultery with the respondent in a suit for divorce where
adultery is given as the cause of the petition. The co-respondent is joined as a defendant with the
respondent.
Affidavit
A written declaration, or statement of facts, that has been made voluntarily and is confirmed by an oath or
affirmation by the person making the statement. This statement can only be taken before a person
having authority to administer such oaths or affirmation.
Motion
An application made to the Court or a Judge in Chambers. Its object is to obtain an order directing some
act to be done in favour of the applicant.
Prohibition Order
An application for an order or final decision to stop or review a situation or customary procedure.
Judicial Separation
A separation of a husband and wife by a decree of court. It is less complete than an absolute divorce. It
could be considered a “limited divorce” or a “divorce a mensa et thoro” ie “a separation from bed and
board”. This was only granted on three grounds: adultery, cruelty which was deemed to be life
threatening, or both.
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Decree Nisi
Every decree for dissolution of marriage granted by the Supreme Court was in the first instance a Decree
Nisi, that is a “provisional” divorce. After a certain period of time had elapsed (between 3 to 6 months),
the petitioner was required to apply to the court in order for a Decree Absolute to be granted.
Decree Absolute
This is the final decree in the proceedings for a divorce. Once the specified waiting time has elapsed
since the Decree Nisi was granted and provision has been made for the maintenance of the wife and
children, the petitioner applied for a Decree Absolute. Once granted by the Court a copy of the Decree
Absolute was sealed and a duplicate issued to the petitioner. At this point the marriage was terminated
and it was lawful for the respective parties to remarry.
What type of information can be found in a divorce file?
Divorce files are particularly valuable for genealogical and social research - they give detailed information
about the persons involved.
A divorce file generally contains most of the following information:
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Full name of husband
Occupation
Full name of wife
Wife’s maiden name
Where both husband and wife currently reside
Date of marriage
Place of marriage e.g. church, chapel, registry office, house etc.
Area / location where marriage took place
Name of minister / registrar / celebrant
Copy of marriage certificate
Cause of application and dates of events / incidents / behaviour
Name of co-respondent
Co-respondent’s occupation
Co-respondent’s current address
Place of birth of husband and wife
Name of Petitioner’s / Respondent / Co-respondent’s Solicitors
Full names of the children of the marriage
Ages of the children at time of the petition
Occasionally personal letters, postcards, or photographs submitted in evidence
From about 1889 onwards occasionally photographs (usually of the Respondent)
Documents on the files may include:
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the petition for divorce
affidavits in support of the divorce
answer of the respondent
marriage certificate
decree nisi
decree absolute dissolving the marriage.
It is possible to verify if a couple were divorced by obtaining a copy of the marriage certificate. When a
divorce is granted a stamp is placed on the original certificate recording the date and court location of the
decree absolute.
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Divorce Records held at Archives New Zealand
Divorce Registers
These Registers are a summary record created in order to monitor the progress of divorce cases at the
Court and to record the receipt of case papers and the dates received.
The type of information found is in summary list form with dates and includes:
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The Petition for Dissolution of Marriage (and usually the grounds e.g. desertion, three years
separation, adultery, failure to maintain etc.)
Names of the two parties
Names of solicitors
Affidavits
Citations
Motions
Hearing fees paid
Decrees granted and sealed etc.
Divorce case file number
Divorce Files
These files contain most of the information on the divorce. See previous outline of type information
contained on a divorce file.
Divorce Minute Book
The Minute Books are the court room record of actions taken and, like the Divorce Registers, provide only
a summary in list form e.g.
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Hearing in chambers / civil sitting
Day and date of hearing
Names of couple
Names of solicitors appearing for the various parties
Names of witnesses
Action taken e.g. petition withdrawn, decree nisi granted, hearing of petition, case struck off, trial
adjourned, motion for leave to amend petition, motion for an order to serve petition out of the
Colony.
Other divorce related records are also held e.g. counselling registers, maintenance records.
Divorce records held at Archives New Zealand Auckland Regional Office:
Access:
 No restriction on divorce registers.
 60 year restriction for all divorce files and minute books. Written permission to access records
should be sought from the Registrar of the Court where the divorce was processed.
Auckland High Court
BBAE 4446
BBAE 4447
BBAE 4984
BBAE 4985
BBAE 5636
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Divorce registers
Divorce registers
Divorce files
Divorce files
Divorce minute books
1867-1926
1927-1981
1869-1926
1927-1981
1869-1982
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Hamilton High Court
BDCG 4150
BCDG 4151
BCDG 5153
BCDG 5154
Divorce registers
Divorce registers
Divorce files
Divorce files
1910-1965
1966-1981
1910-1965
1966-1981
Divorce registers
Divorce files
1973-1981
1973-1981
Rotorua District Court
BAZY 4761
BAZY 4990
Gisborne District Court
BAJI 5809
BAJI 5808
BAJI 5807
BAJI 5810
Divorce registers
Divorce registers
Divorce files
Divorce files
1888-1969
1970-1981
1888-1969
1970-1981
Family proceedings records
Domestic proceedings were renamed family proceedings after the Family Proceedings Act 1980 and the
Family Court 1980 came into force. From c.1981-1982 divorce proceedings were heard in the District /
Family Court and divorce files became family proceedings files.
Family / domestic proceedings registers
These registers list family / domestic proceedings heard before the Court on matters including separation,
maintenance, paternity, custody and guardianship, matrimonial property, non-molestation and occupation
orders etc. From 1981 these registers also include dissolution of marriages. The registers generally
include the name of parties, type of proceedings, dates of stages in proceedings and dates of orders.
Family / domestic proceedings files
The files contain the legal documentation from family / domestic proceedings cases relating to
maintenance, custody, matrimonial property, conciliation and separation. The files contain copies of
papers relating to the hearings, including copies of maintenance agreements, custody applications and
agreements, paternity orders, separation agreements, statements of evidence, correspondence with legal
representatives, and in the front of each file an action sheet showing the dates of steps in each case.
Names and addresses of the parties are usually given. From 1981 these files include marriage
dissolutions.
Records held at Archives New Zealand Auckland Regional Office:
Access:
 All records restricted for 60 years from date of file closure. Written permission to access records
should be sought from the Registrar of the Court where the proceedings took place
BADF 20107
Dargaville family proceedings files
1970-1984
BADE 4472
BADE 4474
BADE 4482
BADF 20226
Kaikohe domestic proceedings registers
Kaikohe domestic proceedings files
Kaikohe family proceedings files
Kaikohe miscellaneous family proceedings files
1970-1984
1970-1981
1982-1984
1983-1984
BADF 19952
BADF 19951
BADF 10451
BADF 20099
Whangarei family proceedings register
Whangarei domestic proceedings files – first sequence
Whangarei family proceedings files – second sequence
Whangarei miscellaneous family proceedings files
1970-1985
1969-1971
1970-1984
1971-1984
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BBOZ 10301
BBOZ 10077
North Shore family proceedings registers
North Shore family proceedings files
1970-1990
1970-1989
BADW 10283
BADW 10138
Auckland family proceedings registers
Auckland family proceedings files
1970-1979
1970-1979
BACK 11323
BCDV 19700
Otahuhu family proceedings files
Otahuhu miscellaneous family proceedings files
1970-1987
1971-1984
BCDG 14617
BCDG 14618
Hamilton family proceedings registers
Hamilton family proceedings files
1970-1982
1970-1982
BAZY 15090
BAZY 15059
Matamata domestic proceedings registers
Matamata domestic proceedings files
1970-1979
1970-1979
BAZY 18778
BAZY 17780
BAZY 15076
BAZY 15038
BBQU 15064
BBQU 15352
Putaruru family proceedings registers
Putaruru family proceedings files
Putaruru domestic proceedings registers
Putaruru domestic proceedings files
Tokoroa family proceedings registers
Tokoroa family proceedings files
1981-1989
1981-1983
1970-1981
1970-1981
1970-1982
1970-1983
BBZW 15036
1970-1983
BBZW 14963
BBZW 15031
Taupo family proceedings and miscellaneous family
Proceedings register
Taupo family files
Taupo miscellaneous domestic proceedings files
BAZY 10988
BAZY 10956
BAZY 10988
BAZY 18182
Rotorua family proceedings registers
Rotorua family files
Rotorua miscellaneous family proceedings register
Rotorua miscellaneous family proceedings files
1970-1981
1970-1983
1970-1983
1970-1983
BARH 10941
BARH 10938
BARH 10952
1982-1983
1970-1985
1970-1984
BARH 5865
BARH 10940
Tauranga family proceedings counselling registers
Tauranga domestic proceedings registers
Tauranga register of miscellaneous applications in
domestic proceedings
Tauranga family proceedings files
Tauranga family proceedings court orders
BANO 17011
BANO 17008
BANO 17010
BANO 18247
BANO 15503
Gisborne family proceedings registers
Gisborne family proceedings files
Gisborne domestic proceedings registers
Gisborne domestic proceedings index
Gisborne domestic proceedings files
1981-1982
1981-1982
1968-1981
1970-1981
1977-1981
July 2009
1970-1983
1970-1983
1970-1980
1967-1969
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