Emily McWilliam
First woman to be granted a divorce under New Zealand domestic law
About Emily McWilliam
Lived 1840 – 1899 (aged 58–59). Emily McWilliam was a dressmaker.
Emily Anna McWilliam (; 1840–1899) was the first woman to be granted a divorce under New Zealand domestic law. She was noted for her community work as a nurse, practitioner of homeopathy and fundraiser for the Otaki cottage hospital. A public clock was erected in her memory.
Early life Emily Anna Canty (recorded in some documents as Cauty) was born in 1840 in Dover, Kent, United Kingdom. She was the daughter of James Canty and Eliza Ann Mills. She was baptised at St Mary the Virgin Church in Dover on 1 April 1840. Emily had an older sister Mary, and a brother, James. In 1841 Emily was living in Chapel Place, Dover. Her father's occupation at that time was a schoolmaster. The death of Emily's mother Eliza Ann Canty (or Cauty) was registered in September 1840. In 1851, Emily was living with the Sedcole family in Dover. Her brother James was married to Eliza Sedcole and Emily was described a lodger.
New Zealand life James, Eliza and Emily emigrated to New Zealand along with other members of the Sedcole family including Eliza's parents, William and Margaret Sedcole. Eliza's brother, Captain John Sedcole, lived with his wife and children in Wellington. Emily married Captain Elijah Croucher on 26 September 1860 after a three-week engagement. Emily and Elijah lived together for a few weeks only.
Shortly after the marriage, Elijah departed for Lyttelton, intending to find a matrimonial home there. Emily was supposed to join him but did not do so despite several letters from him and his sending her £18. On 24 December 1860, instead of leaving for Lyttelton on the Emerald she travelled on the Sea Gull to Wanganui where she reinvented herself as a dressmaker by the name of Miss Neville (sometimes recorded as "Nevill").
In November 1869 Emily petitioned the New Zealand Supreme Court for a divorce on the grounds of her husband's adultery and bigamy: Croucher had married Emily's sister-in-law, Eliza, while still married to Emily. Emily's divorce was granted under the Divorce and Matrimonial Causes Act 1867. Under this Act, a husband could divorce his wife on the grounds of her adultery but a husband's adultery was not of itself sufficient grounds for divorce. A wife also had to prove some other ground such as cruelty, desertion or bigamy. The Chief Justice said that "under ordinary circumstances the relief of the Court would not have been granted because the grounds on which the petition had been presented were not sufficiently strong in warranting the Court in granting a dissolution of the marriage.... nevertheless the Court was disposed under all the circumstances to be lenient."
Emily married the Reverend James McWilliam on 25 June 1873 using the name Emily Anna Canty although one source refers to her as Miss Emily Nevill. She was active in the work of the Maori Anglican Mission in Otaki of which her husband James was appointed head. They had five children:
Olive, wife of Arthur Vere Winchester of Levin (1874–1957) James Thomas McWilliam (1876–1945) Catherine Minna McWilliam (1879–1881) Isabel Maud Burr, wife of Patrick Harvey Burr of Te Hauke (1881–1948) Muriel Mary Annie McWilliam of Te Hauke (1883–1957)
Her husband died on 29 January 1907.
Death Emily died on 4 May 1899 and was buried in Te Aute Cemetery, Central Hawkes Bay. Emily died intestate. Her eldest daughter Olive swore an affidavit stating that her mother "was married once only". The Otaki community, both Maori and Pakeha, raised money for a memorial to Emily: in March 1901, a clock was mounted on a pedestal on the corner of Te Rauparaha and Main Streets in Otaki. The site was later needed for a new post office and the clock was relocated inside the building in 1903. The building was demolished in 1951 because of earthquake damage and at that time the New Zealand Post Office declined to take over the clock. Instead responsibility for it passed to the Otaki Borough Council. Its fate after that is unknown.
In 1908, Jane Brown bequeathed two hundred pounds as well as the residue of her estate "for the benefit of the cottage hospital at Otaki and to be applied by the trustees of the institution in such manner that it may be a lasting memento of my dear friend Mrs Emily McWilliam and her work in connection with the institution". A plaque was erected on a shelter at the Otaki Sanitorium memorialising McWilliam from funds left by Jane Brown.
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Important facts
People in Emily McWilliam's life
Named in this biography and alive at the same time
Contemporaries
People whose lives overlapped Emily McWilliam's
Frequently asked questions
Who was Emily McWilliam?
first woman to be granted a divorce under New Zealand domestic law
When was Emily McWilliam born?
Emily McWilliam was born in 1840 in Dover.
When did Emily McWilliam die?
Emily McWilliam died on 4 May 1899.
What was Emily McWilliam's occupation?
Emily McWilliam was a dressmaker.
What nationality was Emily McWilliam?
Emily McWilliam's recorded nationality: Colony of New Zealand.
Sources & further reading
Cite this page
APA: Biography.guide. (2026). Emily McWilliam. https://biography.guide/emily-mcwilliam/
MLA: "Emily McWilliam." Biography.guide, https://biography.guide/emily-mcwilliam/.
Chicago: "Emily McWilliam." Biography.guide. https://biography.guide/emily-mcwilliam/.
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