Love's Remains - Letters from Divorce Files

Generally, in Government archives, most letters to Government departments from private individuals are transactional, for example an application for land. The archives usually describe what has happened to an individual or they document the decision made about the individual’s particular issue. Letters of a more personal and intimate nature, giving some insight into an individual’s feelings and emotions, are less common.

In divorce files most of the file consists of the legal documentation detailing the circumstances surrounding the divorce. It is very rare to find actual letters written by the people concerned. They may be included to provide evidence to support the grounds for divorce action, for example, adultery, desertion, etc. Sometimes divorce files contain photographs; mostly the photographs were used to identify the person on whom the divorce papers were served.

The documents in this exhibition are from divorce files from the 1920s. They were chosen because they show what remains at the end of a loving relationship. They also illustrate the changes in divorce law – the move away from divorce as a punitive measure towards divorce as the remedy for marriage breakdown. In particular, the letters in the divorce file for Eva and Thomas Leihy document the difficulties for a woman in the 1920s support herself and her daughter whilst endeavouring to establish a career in her own right.

The first legislation relating to divorce was the New Zealand Divorce and Matrimonial Causes Act 1867. This Act made it difficult for women to petition for divorce; women could only divorce their husband if the adultery was aggravated while men only had to prove adultery.

The Divorce Act 1898 allowed both the husband and wife equality in petitioning on the grounds of adultery. Also, new grounds were introduced, including desertion for five years (reduced to three years in 1919) and non-compliance with a decree for restitution of conjugal rights. This last ground led to abuses of procedure by those seeking a quick divorce.

An important amendment in 1920 permitted divorce to be obtained, at the Court's discretion, by either party after three years' separation under a Court order or an agreement. The effect of this was, however, diminished in the Divorce and Matrimonial Causes Act 1921-1922, when the Court was required to refuse a decree if the respondent proved that the separation was due to the petitioner's wrongful conduct.