Author Topic: Australian divorce records, Victoria and NSW  (Read 3360 times)

Offline Eve45

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Australian divorce records, Victoria and NSW
« on: Thursday 18 February 16 08:50 GMT (UK) »
Hi all,

I don't know if there's any possibility of answers to this one because it's relatively recent history but hey, if anyone can help it will be a Rootschatter.

My relative, John, is in an awkward situation. His father recently died in the Philippines. John's parents married in Bendigo, Victoria, in 1955 and John was born later that year. Their divorce was finalised in 1961, exact date unknown, and his mother remarried in Victoria in December 1961.

John's father left his assets to be divided between John and his father's last wife, whom John has never met. John needs to prove his identity because the last wife doesn't believe John is his father's son. John has his birth certificate and passport, but his solicitor says he needs proof of his parents' divorce. John's mother does not have any documentation of the divorce (she was very young at the time of the marriage and it was not a happy one) and is not sure whether it was finalised in Victoria or NSW, where she was living when it was finalised. Divorce indexes only go as far as 1930 in NSW and 1932 in Victoria.

John's mother has her second marriage certificate, which gives her marital status as divorced, and is willing to sign a statement attesting to the details of her first marriage and divorce as far as she remembers them. We know the date of the marriage because John's father was an immigrant and there are NAA documents that show the marriage date, although John's mother's name is spelled incorrectly.

Does anyone know if there is any way to find divorce records from 1961? We don't have much to go on, I know. I have tried Trove with no success. Would the second marriage certificate and statement be enough to prove the divorce? I'm ignorant about this sort of stuff. John is going to the Philippines in a week to try and sort it out.

Thank you if you've  read this far!  :)


Offline rosball

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Re: Australian divorce records, Victoria and NSW
« Reply #1 on: Thursday 18 February 16 09:41 GMT (UK) »
Hi Eve,
   You can search here for NSW divorce
http://investigator.records.nsw.gov.au/

This has divorces 1923-1963 and 1970

If you find it I can photograph it for you the next time I am there

regards
   Ros
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Offline jaybelnz

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Re: Australian divorce records, Victoria and NSW
« Reply #2 on: Thursday 18 February 16 10:01 GMT (UK) »
That's certainly making things difficult for John isn't it?  Surely his solicitor has avenues where he could get the divorce record urgently himself, and thus be able to provide the required proof.

Does John's Mum remember who HER Solicitor was at the time of the divorce? Maybe that could be another avenue to check.

I'm picking this would all be pretty expensive, but John doesn't seem to have much time left to sort it all out.  Whether any record info John currently has would be enough for the Philippine regulations etc, is another question.

Did John's father have any children with his second wife!  If so, DNA would sort that one out wouldn't it! 

Not to be disrespectful, but on the lighter side, if he had no children with his second wife, perhaps his hairbrush is still hanging around somewhere!

I'm sure someone else with come up with something more concrete, but certainly wish John all speed with his endeavours to find the elusive divorce records!

Just a thought, a direct approach to BDM people might tell you where the divorce records could be accessed, but in the end, I still think his solicitor should know where to access the divorce record!

Best of luck in your endeavours to help your relative, and sincerely hope it can be sorted quuckly!

Jeanne
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Offline jaybelnz

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Re: Australian divorce records, Victoria and NSW
« Reply #3 on: Thursday 18 February 16 10:02 GMT (UK) »
Look at that... Go Ros!  What a star!!
"We analyse the evidence to draw a conclusion. The better the sources and information, the stronger the evidence, which leads to a reliable conclusion!" Census information is Crown Copyright, from www.nationalarchives.gov.uk.

MATHEWS, Ireland, England, USA & Canada, NZ
FLEMING,   Ireland
DUNNELL,  England
PAULSON,  England
DOUGLAS, Scotland, Ireland, NZ
WALKER,   Scotland
WATSON,  England, Ayrshire, Scotland, NZ
McAUGHTRIE, Ayrshire, Scotland, NZ
MASON,     Scotland, England, NZ
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Offline judb

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Re: Australian divorce records, Victoria and NSW
« Reply #4 on: Thursday 18 February 16 10:14 GMT (UK) »
BMD Victoria site gives this info for divorces in Victoria

Divorce matters are not handled by the Registry.

The Family Law Courts or the Federal Circuit Court of Australia can assist with your enquiries.


http://www.bdm.vic.gov.au/home/marriages/divorce/

Judith
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Offline aghadowey

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Re: Australian divorce records, Victoria and NSW
« Reply #5 on: Thursday 18 February 16 10:16 GMT (UK) »
I know that laws vary great from place to place but the solicitor's request for proof of divorce sounds a bit strange. Surely it is John's parentage that needs proof and not his parents divorce. The divorce record would perhaps help the father's 'latest' wife but I would be inclined to contact the solicitor again and ask if proof of parents' divorce is needed and if so why does John need to provide that detail.
Away sorting out DNA matches... I may be gone for some time many years!

Offline Eve45

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Re: Australian divorce records, Victoria and NSW
« Reply #6 on: Thursday 18 February 16 11:46 GMT (UK) »
Thank you all so much!

I did wonder why proof of divorce was necessary when John already has proof of parentage as supplied by his birth certificate. The divorce should not impact on the fact that he is the son of his parents. I think John needs to talk to his solicitor about how much proof is enough.

Jeanne - John's mother doesn't remember much about the divorce - she is in her late 70s now and it was never a period of her life that she wanted to recall. As far as we know John's father didn't have any more children with any of his four wives. I agree that this all sounds a bit dodgy - the solicitor should have better access to divorce records than John does, so why is the pressure being put on John to provide proof?

Ros, thank you for the link. I didn't find anything relevant to this case but did find my grandparents' divorce - bonus!

Judith - I will give it a go. Thank you.

You are all wonderful and I thank you very much. xxx


Offline rosball

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Re: Australian divorce records, Victoria and NSW
« Reply #7 on: Thursday 18 February 16 11:57 GMT (UK) »
Hi Eva,
  Pm me the names of your grandparents and I will photograph their divorce for you if you wish.

  I do hope it all works out for John.

Ros
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Offline Eve45

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Re: Australian divorce records, Victoria and NSW
« Reply #8 on: Thursday 18 February 16 23:35 GMT (UK) »
Thanks Ros, I have sent a personal message.

I really appreciate everyone's help with this - thanks everyone!