How to find out if your ancestors were divorced

Before the mid-19th century, divorce was rare, largely reserved for the wealthy. Before 1857, in England and Wales, formal divorce required a private Act of Parliament, making it both difficult and expensive.  

The Matrimonial Causes Act of 1857 made divorce a civil matter, meaning it was handled in court (rather than by the church or Parliament). Although this made divorce more accessible, it remained costly. Women suffered the brunt of the social stigma and had a legal disadvantage. Men had to prove adultery as grounds for separation, while women had to prove an additional offence, like cruelty or desertion.  

Reforms made divorce more common among the British middle classes by the 20th century. It wasn’t legalised in Ireland until 1995. For earlier generations, a marriage breakdown was a significant and often very public event.  

Digitised divorce records for England and Wales are available from 1858 onwards – search these by name and date to locate your ancestor’s record. Depending on the location and time period, you may find court proceedings, petitions, decrees and case files, which can offer rare personal insight into the nature of a marriage and its breakdown.  

Don’t stop at divorce records, though, as re-marriage records can also be revealing. If you suspect a divorce took place within your family tree, be sure to check both civil divorce indexes and newspaper archives to confirm and delve deeper into the story.  

Not all divorces left an official paper trail, but certain patterns in historical records may point to one. When researching your family tree, look out for: 

• A married couple living at separate addresses in census returns 
• A spouse described as ‘divorced’ or ‘single’ on the 1921 Census or 1939 Register 
• A second marriage with no death record for the first partner 
• Newspaper articles reporting a local divorce case or court judgement 
• A divorce noted in a will or legal document 

Often, it’s a combination of these clues that will reveal the whole story. 

Online newspaper archives are a rich source for uncovering divorces, especially in the 19th and early 20th centuries. Local newspapers reported on court proceedings, petitions, and public scandals. You may even find published lists of divorces granted each year. 

Search using surnames, addresses or keywords like ‘decree nisi’ or ‘matrimonial causes’ to find articles related to your family. These accounts may offer emotional context, social background, and valuable supporting evidence for your family story.