The Supreme Court of Western Australia was given jurisdiction in matrimonial causes by the Divorce and Matrimonial Causes Act of 1863 (27 Vic., No. 19). The Act provided that jurisdiction was to be exercised by a Court of Record known as the "Court for Divorce and Matrimonial Causes", to be held before the Chief Justice of the Supreme Court. Remedies under the Act were judicial separation, restitution of conjugal rights, dissolution and annulment. Either party could petition for judicial separation on grounds of adultery, cruelty, or desertion for two years. Dissolution could be granted to a husband on the ground of adultery of his wife, and to a wife on the ground of adultery of the husband, combined with another matrimonial offence such as cruelty or desertion. A husband could claim damages from an adulterer or a co-respondent; and, while similar provision were not extended to wives, the Court was empowered to make orders for alimony and for the custody of children.
The Act was amended in 1871 and many times thereafter. In 1961 the state's divorce laws were superceded by the Commonwealth Matrimonial Causes Act (1959), although cases under this Act were still heard by the W.A. Supreme Court. The Supreme Court did not relinquish responsibility in this area until after the state Family Court Act of 1976 came into effect. The 1976 Act established state - controlled Family Courts which took over from the Supreme Court divorce and matrimonial causes jurisdiction, as well as jurisdiction involving custody and maintenance.
Typically, the records in this series consist of petitions, counter-petitions, affidavits, notice of decrees, and related documents. Some files also include photographs and other evidence.
In order to identify particular files, researchers must first note the relevant disposition numbers in the Divorce Registers [WAS 40]. Researchers must then apply in writing to the Principal Registrar of the Supreme Court. Application forms are available from the State Archives and at the Battye Library Reference desk.
|
