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.
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