'Till death do us part..... unless we divorce

 

Late last year I was introduced to the Divorce records held by New South Wales State Archives at Kingswood.  Covid restrictions meant you had to book reading rooms in advance to view records.  I bit the bullet and paid to have digitised copies sent to me. At this point I was being nosy and the divorced people were mostly “acquaintances”.

If you book a reading room at the State Archives at Kingswood you don’t pay for the record look up you just have to order them in advance and be prepared to speed scan or copy the documents.  The five different divorce records cost about $150 plus an administration fee. Believe me, I was sitting on my hands to avoid buying more.

A cost of around $150 is a bargain really considering the travel, time, petrol and lunch money it would take to make the trip from Wollongong to Kingswood.  They arrived by email within a couple of weeks and what a treasure trove of information.

 

I had chosen divorces which took place over about a 10-year period. In the 50s the traditional view of marriage was a Christian one -union for life.

There was a stigma against divorce. There was also a stigma against de facto relationships, ex-marital children. One parent families were almost unheard of and people went to great lengths to avoid public scrutiny by moving towns, disappearing etc. 

Given this, I was stunned at how many cases I could have chosen from. Possibly the moral compass was moving due to changes to society during and after the Second World War. 

 

The first family scandal I uncovered when I started doing family history 10 years ago was a bigamous marriage and a divorce. The offending party moved to Australia to avoid any problems however by the time it got to his third wife she refused to marry him before his second marriage was properly ended. I’m sure she knew nothing of the first marriage wife and children back in England!

 

This 70s Soapie is turning 50

As I was reading through the documents it occurred to me how many people lived within close proximity and how they were intertwined. A kind of real-life story line for a soapie like “Number 96” or “Neighbours”. Think serial divorces, multiple marriages, people befriending lonely people and all in two Eastern suburbs apartment blocks. An unexpected  1950s  hot bed of scandal. Several other people rushed into second marriages after their partner’s marriages were also declared Decree Absolute.

 

Incidentally my mother as a teenager lived in this particular apartment block watching the marriages fall apart, legal wrangling, friendships made and further marriages. A few years later it was the apartment where my brother and I were born. We knew some of the players too although maybe not the backstory.

 

Divorce terms:

Under the Matrimonial Causes Act 1873 the Supreme Court hears cases to dissolve a marriage, authorise separation, order restitution of marital rights, payments of maintenance, custody of children.

Decree Nisi is the initial conditional grant of the divorce.

Decree absolute is the final grant of the divorce if the decree nisi was not rescinded or appealed the decree absolute was obtained after 3 to 6 months.

 

My understanding was that the 70s the Family Law Act brought in “no fault divorce” where people stuck in loveless marriages, domestic violence, adultery etc were able to achieve divorces much more readily.  The official reason for a divorce in the 1950s were much more difficult to prove -desertion, adultery, cruelness, drunkenness, imprisonment and insanity.

 

It seems to me that some of the soon to be divorced couples “played the system”. A marriage could be finalised it appears quite easily if one person led the case for desertion and it wasn’t contested.

 

Cover of divorce package

What do you find in divorce packages?  

The packages I received were each 30 to 50 pages long, delivered via a Dropbox links and easily copied to my computer.

You will usually find:

There are many procedural copies of documents which must be filed. E.g., Notice of service documentation and hearing details.

• The legal document lodging a petition for dissolution of marriage. This notice is served on the respondent. An address or workplace details may be revealed.
• Any correspondence, replies letters written between the couples etc.
• Copies of the marriage certificate may be included in the package.  A handy side benefit if you are looking for parents’ names, occupations.
• Details of children of the marriage and arrangements for support.
• Information which may not have been shared or is unknown amongst family members i.e., “the other side of the story”
• Some court transcripts and witness statements.
• Ruling of Decree Nisi and request to make the Decree Absolute.
• Requests for custody of children and other support.

The paperwork is all a bit clerical and procedural but read between the lines and you may find some little gems such as the judge asking if X was also involved in the divorce XXX (under a different name)  on date­­­­_______

Warning be prepared to read of domestic violence, adultery and cruelty.

How did it all work?

Under the Matrimonial Causes Act  the Supreme Court hears cases to dissolve a marriage, authorise separation, order restitution of marital rights, payments of maintenance, custody of children. (Note each State had their own legislation)

I suspect these divorces didn’t involve private investigators and photographers looking through windows catching people out. They certainly weren’t wealthy people who could spend money on a costly law suit.  They were merely people desperate to “move on” so to speak. Perhaps they were subject to cruelty, drunkenness or looking for financial support from a deserting partner.

You could apply for a divorce if you were separated for more than five years and married for more than three years.

 

Part of the Transcript from the case

Often the decree nisi was given when the wife’s or husband’s petition was undefended. E.g., the husband had disappeared or the wife had left and taken the children.

Additional information can supplement your knowledge of the divorce situation (and may even save you the cost of obtaining the divorce papers.)

For example, once I found out the person involved in the divorce had been previously married under another name, I searched Trove resources for newspaper reports.  Low and behold the scandal across two states was reported.

The case is reported in the Court notices

Many times, you can find the Hearing, Decree Nici and Decree Absolute listed in the Court proceedings section of the paper.  Some cases of divorce were reported in the newspapers (the juicier the better). Journalists would cover Court cases and  occasionally juicy divorces were reported or on a slow day or in a gossipy country town you might get the whole nitty-gritty.

Another tip: When looking searching for legal cases through Trove try using Surname v Surname such as Jackson v Jackson rather than the individual’s names but feel free to try both.

When looking through my 5 divorces I expected to see “names “ or accusations of adultery because I really assumed there were “people in waiting”.

From the divorces that I purchased it is clear that many were involved in other relationships. Their partner or both were trying to orchestrate a quick resolution (divorce) to free them to marry again. This is where I think some of them worked the system. It was decided that one was going to become the claimant against the other who would conveniently not respond to the service of papers or disappear out of town until such time as the decree nisi was granted.  After that you had to wait 3 to 6 months for the decree absolute. As a result, the divorce was issued on the grounds of desertion or withdrawal of conjugal rights.

The parties had to ensure they were not caught in any in discreet situations. An interesting clause which turned up in various affidavits was

“I am aware that I must disclose to the court any acts of adultery committed by me during the marriage until the decree granted in this suit has been made absolute.”

Bide your time, then pop off to the nearest registry Office and marry again!

 

I’m addicted – I’m off to spend another $150 in the name of research

Alfred John AKA Frederick AKA Bryce Peterson/ Petersen - unravelling my Uncle Bryce's story

 

Alfred John Peterson was born in 26/8/1896 in Maldon Victoria.

“Freddy” as he was known also went under the name of Frederick John Peterson /Petersen and I knew him as Uncle Bryce.

 

Young Freddy

His father, Carl Herman Peterson had arrived in Victoria in 1865 from Denmark seeking his fortune from gold mining in Maldon. He married an Irish girl, Annie Elizabeth Shearer and they had 10 children. Alfred John came along last. Cousin Geoff Peterson says  he was known as “Big Fred”. 

The grieving Petersen family of Maldon, thought to be taken at the funeral of Charles Hermann August Petersen. Widow Annie Eliza (Shearer) and their children. Young Freddy age abt.8 front left.1905 Maldon

At 5’ 7 ½” he was a good athlete who played baseball for Essendon. He became the glamour boy of the family when he applied for a passport and went off to spend time in the USA in the 1920s. They also knew him as a playboy type with his handsome looks, dark eyes, brush back dark brown hair  and gold teeth. He was a very good mechanic, hard working and a member of a Masonic Lodge.

He was also three times married!

At age 25 he married a 20-year-old Victorian woman from Parkville, Victoria.  Minnie Veronica (Vera) Tibbetts on 3rd of June 1922. Looking at her photos she’s a very chic and fashionable lady of the 20s. According to her travel records she was 5’4 ½ “ with light brown hair  and blue eyes. 

Minnie Veronica Peterson nee Tibbetts

In January 1928 Fred applied for a passport for he and his wife. Weeks later he and Minnie travelled to America sailing on the SS Orangi from Sydney on 9/2/1928. Their intention was to stay their permitted four years. They arrived on 3/3/28.

Their arrival coincided with the opening of FORD River Rouge Complex- the largest integrated factory in the world at the time. It was of enormous industrial and economic importance to the US economy and eventually employed thousands of people.  I’m told that Fred worked here at what became the FORD Motor Company Dearborn. This assembly plant became one of the worlds most famous automobile plants with its hundreds of kilometres of roads and rail together with power plants,  rolling mills, glass production etc. It was the home of mass production and every management student has learnt about its “efficiency practices” . Fred's time there as a motor mechanic would have given him good standing and good experience and skills for life.

 

Ford Factory Detroit 1920s

So they lived in Detroit Michigan in the vicinity of the Great Lakes and travelling distance from Chicago, Toronto and New York. Whilst in the USA Fred and Minnie travelled around the USA. He had searched for his long lost his lost brother Samuel Henry or Harry Peterson who resided in Little Rock Arizona.  Harry had been badly injured in an accident and Fred brought Harry back to Melbourne.

 Geoff Peterson tells me Fred boasted of working on entertainer, Eddie Cantor’s car. One trip to New York is recorded with a  very classy “couple shot” showing them in Central Park and a souvenir silhouette of Fred from the newly opened Paramount Theatre in Brooklyn was amongst his daughter Julie’s mementos. They finished their time overseas in late 1931 with a trip to Toronto, Canada and then travelled via Calvary and across to Vancouver to connect with their ship home.

Souvenir Silhouette of Fred

Freddy and Minnie in Central Park NY

The travel documentation contains a wealth of information such as friends and relatives they were in contact with in each location. Fred and Minnie’s description and details of the money they were carrying home. With his job at and perhaps tips from the rich and famous his travel departure card shows he has $2125 (American dollars) when leaving USA for Canada. In today’s money that is equivalent to $40,352. Not a bad amount to amass on a working holiday during the depression! It was certainly enough for a comfortable deposit on a home back in Australia.

One travel photo remains. They had a stop in Papeete, Tahiti and Fred is shown here in jodhpurs third from the left and Minnie is the lone female on the left. They were in Papeete December 1931 and arrived back in Parkville, Melbourne late 1931 early 1932 during a time of the Great Depression.  At this time brother Harry is seen living down the street form them. After nearly 10 years of marriage they were still childless.

 

Enjoying Papeete Dec 1931 Fred is third from left and Minnie on left

This newspaper article from the Truth (Sydney, NSW )Sunday 16 October 1938 - Page 25 tells the next part of the story

 

INDUSTRIOUS WIFE GETS COLD SHOULDER

 

Husband Fell Down On His Promise

 A wife who was working to make both ends meet in Sydney, and who counselled her errant husband in Melbourne to 'come over here,' after she had heard that he was playing fast and loose down south, would surely measure up to the standard of 'a good sport.' ANYHOW, Mrs. Minnie Veronica  Peterson, who married Frederick John Peterson on June 3. 1932, told a story in the Divorce Court last week that convinced Mr. Justice Roper that she was a trier and broadly tolerant of the fallings of mere man. But Frederick John failed to respond to the lead given by his resourceful spouse, and now, in six months' time he will be back where he started six years ago - that is, matrimonially speaking. When Mrs. Peterson found that things were not going too well in Melbourne she sensed a chance to secure remunerative employment in Sydney, and came to New South Wales with her husband's consent. The pair corresponded with each other twice weekly.Frederick John came to Sydney to see his wife on two occasions. Then in December 1934, he wrote an apologetic letter telling how he had got 'mixed up with a woman.' 'Knowing him as I did, and knowing that he could not  have done anythlng very dreadful said the wife. 'I replied at once urging him to come here and start all over again.' He was so overjoyed at this unexpected reception of the cold douche he had administered his hard-working , helpmate that he telegraphed saying he would be in Sydney almost before you could say Jack Robinson. Once again he failed to make good on his promise - a promise which was backed by a letter saying: 'I am coming right away. It was two years afterwards that Mrs. Peterson saw Peterson getting into a tram in the city. She sought him out at his abode and asked him to explain. 'I am fed up,' he muttered. 'Fed up! Leave me alone!' That was the end of their romance,; Mr. Justice Roper granted Mrs. Peterson a decree nisi. Messrs. Penny and McTague, solicitors for petitioner.

As the story suggests, Minnie had gone to Sydney to find work with Fred promising to follow.  It looks like sometime around 1934 he met young Victorian woman Vera Kersten and as described by the papers was playing "fast and loose". Then around 1936 he was seen with this “other woman” in Sydney by Minnie and that was the start of his divorce.

The decree nisi was issued on the grounds of desertion in  PETERSON V PETERSON 16th of October 1938. The decree absolute was issued 20/4/1939. They both remarried in Sydney having found Sydney a bit more like what they had experienced in Detroit.

 Minnie  had two further marriages:once to Albert Lindsey Clarkson in1939 in Woollahra and after Albert’s death in 1964 she married Edgar Frederick Gregory in 1966.  She died in 23 December 1989 in Cammeray, Sydney.

Vera Kersten

Fred married his pretty blue eyed, redheaded lady friend at St John’s Church of England , Glebe on 19/3/1940. His marriage certificate has Vera Kersten  as a 27 yo spinster sales woman and himself as a 41 yo divorced welder.  Vera number two! Record shows that Vera became the proprietor of “ Lorice” a millinery shop in 14 Imperial Arcade Sydney on 29 April 1939. She was a very successful owner and remained in business after her marriage. She later moved to the First floor 176 Pitt Street in January 1951. The business had expanded to dressmaking and accessories. Later it was known for her larger ladies evening and day wear.

 

Vera's store in Pitt St

Together Fred and Vera lived in a very pleasant and sunny flat at 3/ 320 Edgecliff Road Woollahra. They had connections to the entertainment world and she was a pianist/ composer of music. They even had a baby grand piano in the flat possibly in the little front sunroom.I'm told they hosted soirees for friends and neighbours.

The apartment building 320 Edgecliff Rd

However, trouble began to brew in the marriage around 1950. After a nearly 12year marriage she moved out in 1952. Fred missed Vera saying “The home….. is pretty dull without you”  and “I think the world of you” in a letter to Vera asking her to come home. It is possible in reading between the lines in the divorce proceedings that there was another man but certainly Vera, the musician was wanting her freedom at night to go and play her music. This marriage was also childless.

After they divorced she married to Kurt Winter in 1956 and continued entertaining and composing. There is a “showbiz” story in the newspapers that Vera used to write lyrics and music on serviettes during her lunch break at a Kings Cross café. ”YoYo Heart” and “Fickle Fingers” (1952)were two of her successful releases. Some of her music is housed in the National Library in Canberra and it is said that she recorded with people like Bobby Limb’s Band. She and Kurt lived their days in Darling point in Sydney until his death in 1970 and her death some years later.

At some point Fred decided to change his name to Bryce.  At this point Bryce was a mechanic for Hastings Dearing and later Ford in King’s Cross area of the Eastern Suburbs of Sydney.

Fred was devastated when Vera left.  After his divorce he found the strength in the  company of neighbours in the apartment block next door.  One neighbour was a recent widow, Ruby Garten who was a friend of both Fred and Vera. If fact Ruby testified at the divorce saying that “Fred was very considerate and fond of his wife” and interestingly that she saw Fred most nights.

Another neighbour was a separated mother of three. She was my grandmother Julia Kelf and her children were Frank, Airdrie and Marlene. Julia became ill in 1953. Her daughter, my Auntie Airdrie was a nursing sister planning a trip overseas. Airdrie would’ve been gleaning any tips from Fred for her proposed travel. Julia became ill in 1953. Soon Julia became so ill she needed nursing as she was dying from Hodgkinson‘s disease. Airdrie put off her trip to nurse her mother.

Instead she fell in love with Fred Aka Bryce and despite the very big difference in age.  I suspect she fell for his movie star grin and moustache. He was a handsome and likeable man like her father.  Airdrie Desolie Kelf  married Bryce Petersen in a registry office in 23rd of March 1956. Bryce was 59 and Airdrie nearly half his age. 

Bryce and Airdrie on their honeymoon

Three  years later their only child, Julie Louise Petersen was born and Bryce became a first-time father at age 61. And very proud he was too of his happy little family.

 

Bryce and Airdrie at  Julie's christening

Dad's shot of Julie as a toddler with Airdrie

Despite losing contact with a large number of his family members due his travel and  living in Sydney Bryce took Airdrie and Julie on  trips to Maldon in Victoria where he was born. For example in 1968 they visited his siblings Emily and Charlie and Beth. This kindled the interest in family history in Julie. 

Julie, Airdrie, Fred (Bryce) , Emily in Melbourne 1968

Airdrie and Julie with June Petersen Bondi 1962

For a short time from 1955 until mid 1960 my family  lived in the apartment block next to Bryce and Airdrie’s apartment block.My mother was Airdrie's little sister. Of course, I was only little and don’t remember the details but I imagine the sisters were back and forward between the two apartments with the babies. 

Of course the Petersens often visited  with my mother, Marlene, father Alf and and us three Kerr cousins when we eventually moved. A good excuse for Bryce to polish the car and take the Peuguot for a Sunday spin. I suspect it was a bit of a trek crossing the Harbour Bridge to visit us in the north of Sydney from the Eastern Suburbs. Other times we met up at Nielson Park, the beach or Centennial Park.

The Kerrs and Petersens at Carlingford

Christmas Day with the cousins Nielson Park c 1963

In the backyard Edgecliff Rd

Bryce was a low handicap golfer. Sadly  Bryce died when his car and a truck collided one wet Saturday on 22 April 1972. His daughter Julie was only 12 years old. He was 74 and was driving his beloved Peugeot on his way to golf at Bonny Doon Golf Club, Botany.

 

Bryce was a low handicap golfer

I remember it was a very sad time for Airdrie and Julie. Auntie Airdrie was unable to sleep well at night for years she had the legal issues because of Bryce’s lack of will and no bank accounts. She returned to her beloved nursing career and studied geriatric nursing. She loved her job until her retirement. She and Julie continued to live in the infamous flat in Edgecliff Road until Julie branched out on her own.

The Edgecliff Rd flat prepared for sale Sunroom above and lounge room below

 

Airdrie remained there until her move to a nursing home a couple of years ago. I helped pack up the flat and the memories came flooding back.  It has been great researching the history behind this flat that I knew had belonged to Bryce before their marriage (and that there was an ex-wife named Vera who came to Bryce’s funeral (but which one?)

Finding answers to Bryce’s story has been complicated due to the changes of name from Alfred John Peterson to Frederick John (Freddie) from Peterson (SON) to Petersen (SEN) probably were related due to the anti-German feelings during two World Wars (They were actually Danish!). Certainly the spelling changed between the first divorce and the second marriage and finally to be known as Bryce, a movie star type name? A name I think Bryce assumed after his second divorce and probably because he fancied it

As I said Julie was only 12 when her  father died. When she was old enough she decided to research her family history and was delighted to meet with and reconnect with Fred‘s extended family in Maldon, Sydney and Queensland. She assisted in writing the family story of the Shearers and the Petersons coming to Australia and contributing to the Peterson family book compiled by Geoffrey Peterson more recently.

Julie with Emily's daughters Jenny and Sue Noosa

Airdrie and Julie also connected with Al Daff , Fred's cousin on the Shearer side. Al was Head of Universal Studios and he was in Sydney to appear on "This is Your Life".

Airdrie with Al Daff 1978

Julie’s final sentence in her Petersen story written in the ninties was…. 

"the rest of the history should be written by those who remember it and correct the mistakes I have made”. Sadly, Julie passed away in 2019 before we could collaborate on and update more aspects of the family history given improvements in genealogical research. 

She gifted me her photo album and there were enough unanswered questions to send me on this quest. Julie, I hope you are happy with the outcome R.I.P. little cousin.