Court for Divorce and Matrimonial Causes, 1759-1960

Court for Divorce and Matrimonial Causes case files

1759-1963

50.2 m of textual records

The first petition for divorce was presented to Governor Edward Cornwallis in 1750 and in the absence of ecclesiastical courts, he constituted himself and the Council as the Court of Marriage and Divorce. In 1841 the legislature appointed the chief justice as vice-president of the Divorce Court to act in the absence of the lieutenant-governor, with two or more members of the Executive Council. By 1866 all jurisdiction for divorce was transferred to the new Judge in Equity under the title Judge Ordinary of the Court for Divorce and Matrimonial Causes. The Governor in Council could name any of the judges of the Supreme Court to act as Judge Ordinary upon the death or retirement of the incumbent judge. After the Second World War the demand throughout the province for divorces increased, so in 1948 the legislature gave the Governor in Council authority to name all the justices of the Supreme Court as judges of the Court for Divorce and Matrimonial Causes. This provided the means to hear cases on circuit, where before, all divorce matters had to be heard in Halifax.

Series forms part of the Supreme Court of Nova Scotia in Halifax County fonds and consists of case files generated through divorce actions heard before the Court in Halifax and throughout the province. Although the specific content of case files varies over time and according to the individual circumstances they may include: petitions outlining the cause of action; notifications of service and the citations served; affidavits of appearance or non-appearance; subpoena compelling witnesses to appear and give evidence; transcripts of evidence given; documents recording the marriage sought to be dissolved; decisions and decrees issued through the court; and documents concerning issues of spousal or child maintenance and support. Files subsequent to 1901 are arranged using numbers assigned by the court Registrar upon receipt of a petition initiating the cause. Earlier files are arranged alphabetically by year.

Notes

Finding aids:
Retrieval information available:

Related groups of records within the same fonds:
Cause books maintained by the court Registrar are available and record the dispositions of all causes heard by the court.

General notes:
Subsequent to 1948, when legislation allowed cases to be heard outside of Halifax, some case files were mistakenly filed locally rather than being sent to Halifax for inclusion in the Court's records. The Divorce Cause Books include some divorces not represented in these case files.