I now have in my possession copies of documents pertaining to the divorce of my maternal Great Grandparents, Herbert George Norris and Elizabeth Fanny Norris (nee Darby).
It is now clear that in 1924 Elizabeth Fanny Darby made application in the High Court of Justice to be admitted as a Poor Person under the 20 & 22 Rules of the Supreme Court for the purpose of prosecuting a suit of divorce. This application was successful and on 29th of January, 1925 made oath "In the Matter of the Petition of Elizabeth Fanny Norris the lawful wife of Herbert George Norris for the Dissolution of Marriage". Here, Elizabeth is stated to reside at "10, Richmond Terrace, Clapham in the County of London" and oath is made as to the veracity of statements that she had made in support of her petition. Elizabeth also makes oath to the effect "That there is not any collusion or connivance between me and my husband Herbert George Norris in any way whatever".
On the 4th of February the following petition for dissolution was filed: "To the Right Honourable the President" "IN THE HIGH COURT OF JUSTICE PROBATE DIVORCE & ADMIRALTY DIVISION (DIVORCE)":
"The Humble Petition of Elizabeth Fanny Norris suing as a Poor Person the lawful wife of Herbert George Norris SHEWETH: -
1. That on the 21st day of October 1894 at the Parish Church of St. James the Great in the County of Middlesex your Petitioner was lawfully married to Herbert George Norris.
2. That after the said marriage your Petitioner lived and cohabited with the said Herbert George Norris at 19, Cooks Road, Walworth in the County of London and at divers other places and there are now living issue of the said marriage eight children viz:- George Herbert born 11th April, 1896, William born 20th June 1899, Florence Elizabeth born 20th August, 1901 Herbert Albert born 22nd March, 1903, Cecil Charles born 7th June, 1906, Gladys Marie Maud born 28th March 1908, Oliver Leonard, born 3rd July, 1910, Doris Ivy born 30th June, 1912.
3. That your Petitioner is now living at 10, Richmond Terrace, Clapham in the County of London and the said Herbert George Norris is a decorator and is now living at 19, Cooks Road, Walforth, aforesaid and they are both domiciled in England.
4. That no previous proceedings with reference to the said marriage have been taken in the Divorce Division of this Honourable Court by or on behalf of any of the parties thereto.
5. That the said Herbert George Norris has frequently committed adultery with Sarah Rogers of 78 St Paul's Road.
6. That on divers occasions between the 12th day of August 1923 and in or about the middle of March, 1924 at 19, Cooks Road, Walworth aforesaid the said Herbert George Norris committed adultery with Sarah Rogers.
Your Petitioner therefore prays:-
1. That the said marriage of your Petitioner with the said Herbert George Norris may be dissolved.
2. That the Petitioner may have the custody of Oliver Leonard, Cecil Charles, Doris Ivy, Gladys Marie Maud children of the said marriage.
3. That your Petitioner may have such further and other relief as may be just".
According to the Court Minutes the petition was filed on 4th February 1925 and the Cause Set Down on 30th April 1926. The Petition was not contested and the Minutes go on to record that the Decree Nisi was issued on 30th July 1926 and the Decree Absolute on 14th March 1927; the whole process taking over two years.
Looking through the documents, I notice that:
1. the identification of the named woman, Sarah Rogers (who Herbert George Norris later married) was made by my Great Grandparent's son Herbert Albert Norris.
2. an order was made in the High Court of Justice - dated 1st of April 1925 - "that the respondent do pay to the Petitioner Alimony pendente lite at the rate of 15/- a week to include the maintenance of the child Ivy Doris". The Order went on "Arrears as from the 26th February 1925 to be paid off at the rate of 5/- per week. Payments to be made weekly. This Order to be without prejudice to any final Order".
3. an order was made in the High Court of Justice - dated 30th April 1925 that "the Respondent do, within seven days from the service of this Order lodge in Court the sum of £5 estimated ... to cover the Costs and Expenses of the Petitioner of and incidental to the Hearing of the Cause as a Poor Person".
4. on the 30th July 1926, the Judge - the Honourable Sir Rigby Swift - "sitting at the Royal Courts of Justice, Strand, in the county of Middlesex", "having taken the oral evidence of the Petitioner and of the Witness produced on her behalf in support of the Petition filed in this Cause, and having heard Counsel thereon, the Respondent not defending the Suit at the hearing pronounced that the Petitioner had sufficiently proved the contents of the said Petition, and decreed that the Marriage ... be dissolved by reason that since the celebration thereof the said Respondent has been guilty of adultery ... unless sufficient cause be shown to the court why this Decree should not be made absolute within Six Months from the making thereof, and condemned the said Respondent in the costs incurred and to be incurred on behalf of the said Petitioner in this cause". On the same occasion it was ordered that "Doris Norris youngest issue of the marriage between the Petitioner and the Respondent, do remain in the custody of the Petitioner until further order of the Court".
5. Dated 30th March 1927, the following Order was made in the High Court of Justice "that Herbert George Norris the Respondent do, out of his present income, and until further order of this Court, pay or cause to be paid to Elizabeth Fanny Norris the Petitioner during their joint lives Maintenance at and after the rate of £1.5.0 for herself and 5/- for the youngest child of the marriage, both sums per week, to commence from the date of the final decree in this Cause, to wit, 14 March 1927 and to be payable weekly".
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