Trove Tuesday

Years ago, divorce was much less common that it is today and the grant of a divorce would often be reported in the newspapers along with other court news.

Divorce Act 1889 in Australia, which was assented to on 13 May 1890 put forward the following grounds for divorce:

1.Wilful desertion for 3 years,

2.Habitual drunkenness for 3 years and either left wife without means of support, or habitual cruelty, or being petitioner’s wife, having been a habitual drunkard for like period and habitually neglected her domestic duties or rendered herself unfit to discharge them,

3.Respondent imprisoned for 3 years and still in prison under commuted sentence for capital charge, or under sentence for 7 years, or being a husband, had undergone frequent convictions and sentences to aggregate 3 years and left wife habitually without means of support,

4.Convicted of attempting to murder petitioner or assaulting her with intent to commit grievous bodily harm or that respondent repeatedly during that period assaulted and inflicted cruel beatings on petitioner,

5.Respondent husband guilty of adultery in conjugal residence or with aggravation, or of repeated adultery.

One of the few pre mid 20th century divorces in my family is that of James Nicholas Clark and Eliza (nee Hawley).  The couple, who married in 1886, had two children before their marriage broke down and they separated in 1891, Eliza leaving the children with their father.

Divorce then was a lengthy process, and was not finally granted to James until 1897, six years after the couple separated.  While James alleged his wife had committed adultery as well as abandoning him and their children, he was unable to provide the court with proof of this, despite naming two men who Eliza had lived with since their separation.  As a result, the divorce was granted on the grounds of desertion only.

There is no mention in the report below of Eliza attending the court or responding in any way to the allegations made against her.  

The article included here is from the Oakleigh Leader, Saturday 14 August 1897, p2.  The Brighton Southern Cross and the Caulfield and Elsternwick Leader also printed identical articles on the divorce.

James remarried a year after the divorce was granted, to Pricilla Veronica Mulholland, and the couple would have 12 children together, including my Grandmother Gladys.