Author Topic: When in NZ did it become lawful for a man to marry his sister-in-law?  (Read 3351 times)

Offline minniehaha

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When in NZ did it become lawful for a man to marry his sister-in-law?
« on: Saturday 05 October 13 22:58 BST (UK) »
In spite of some trawling through legal texts, I have not been able to determine when it became lawful in New Zealand for a man to marry his sister-in-law, (sister of his deceased wife.)

Does anyone have this information please?

Minniehaha.
HAMMOND, Cainham/Caynham, Shropshire, U.K. Otago-NZ.
GALBRAITH, Ireland, Dunedin, Otago-NZ., Kensington-London, U.K.
GRANT, Sct., Dunedin, Otago-NZ., Vancouver, Canada.
GLASS, Aberdeenshire, Otago-NZ.
CAIRNEY/CARNEY/KEARNEY/Ireland, Airdrie, Scotland, Otago-NZ.
O'BRIEN Mary Ann, Limerick, Otago-NZ.
NICOL(L) James, Scotland, Otago-NZ.
SCOTT Thomas, Shetland, Otago-NZ.
MCHARDY/MCHARDIE Euphemia, Scotland, Otago-NZ.

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Offline iluleah

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Re: When in NZ did it become lawful for a man to marry his sister-in-law?
« Reply #1 on: Saturday 05 October 13 23:28 BST (UK) »
Could it be Marriage Act 1955???
http://www.rootschat.com/links/0wf3/
Leicestershire:Chamberlain, Dakin, Wilkinson, Moss, Cook, Welland, Dobson, Roper,Palfreman, Squires, Hames, Goddard, Topliss, Twells,Bacon.
Northamps:Sykes, Harris, Rice,Knowles.
Rutland:Clements, Dalby, Osbourne, Durance, Smith,Christian, Royce, Richardson,Oakham, Dewey,Newbold,Cox,Chamberlaine,Brow, Cooper, Bloodworth,Clarke
Durham/Yorks:Woodend, Watson,Parker, Dowser
Suffolk/Norfolk:Groom, Coleman, Kemp, Barnard, Alden,Blomfield,Smith,Howes,Knight,Kett,Fryston
Lincolnshire:Clements, Woodend

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Offline minniehaha

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Re: When in NZ did it become lawful for a man to marry his sister-in-law?
« Reply #2 on: Sunday 06 October 13 00:13 BST (UK) »
Thank you iluleah..........

Since posting this request the information has finally been found in-house.

"State Regulation of Sexuality in New Zealand:1880-1925.
A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy in History, the University of Canterbury, by T. C. Tulloch."


The answer to my question being found in chapter III- "In-laws and Incest", page 96.

The ban on the marriage of widowers and their sisters-in-law was removed in 1880.

The prohibition of the remarriage of a widow with her deceased husband's brother was abolished in 1900.

So it now appears that my great-grandfather who married his sister-in-law in 1866 could well have not been legally married....................


Minniehaha.
HAMMOND, Cainham/Caynham, Shropshire, U.K. Otago-NZ.
GALBRAITH, Ireland, Dunedin, Otago-NZ., Kensington-London, U.K.
GRANT, Sct., Dunedin, Otago-NZ., Vancouver, Canada.
GLASS, Aberdeenshire, Otago-NZ.
CAIRNEY/CARNEY/KEARNEY/Ireland, Airdrie, Scotland, Otago-NZ.
O'BRIEN Mary Ann, Limerick, Otago-NZ.
NICOL(L) James, Scotland, Otago-NZ.
SCOTT Thomas, Shetland, Otago-NZ.
MCHARDY/MCHARDIE Euphemia, Scotland, Otago-NZ.

Offline iluleah

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Re: When in NZ did it become lawful for a man to marry his sister-in-law?
« Reply #3 on: Sunday 06 October 13 01:44 BST (UK) »
Thanks for letting us know........ Oh well many did, which is why they needed to change the law to stop normally law abiding citizens who often did remarry sister in laws/brother in laws when their spouse died and they had young families to look after, especially important for single women at that time as it was 'looked down on' by the community living in a house unmarried with a man.....seems it was more acceptable to break the law than be  ostracised by the community they lived in
Leicestershire:Chamberlain, Dakin, Wilkinson, Moss, Cook, Welland, Dobson, Roper,Palfreman, Squires, Hames, Goddard, Topliss, Twells,Bacon.
Northamps:Sykes, Harris, Rice,Knowles.
Rutland:Clements, Dalby, Osbourne, Durance, Smith,Christian, Royce, Richardson,Oakham, Dewey,Newbold,Cox,Chamberlaine,Brow, Cooper, Bloodworth,Clarke
Durham/Yorks:Woodend, Watson,Parker, Dowser
Suffolk/Norfolk:Groom, Coleman, Kemp, Barnard, Alden,Blomfield,Smith,Howes,Knight,Kett,Fryston
Lincolnshire:Clements, Woodend

Offline minniehaha

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Re: When in NZ did it become lawful for a man to marry his sister-in-law?
« Reply #4 on: Sunday 06 October 13 02:14 BST (UK) »
Yes, I agree with your comments. It did take some considerable time though to get that law changed.

To quote from the information found in chapter III - In-laws and Incest, Redefining the Prohibited Degrees of Marriage.

"When introducing his Divorce Bill to the House of Representatives in 1885, Joseph Tole declared that his action had been inspired by the case of a woman whose husband had committed adultery with her sister. Tole, a Catholic, found the concept of adultery with a sister-in-law so appalling that in spite of his religious convictions against divorce he was prepared to expand the grounds for divorce to include 'incestuous adultery' with a wife's sister. Tole's sense of revulsion against this particular form of adultery derived from beliefs that sexual relations between in-laws (affines) constituted a form of incest. Such beliefs formed the basis of a series of long standing civil law prohibitions against marriages between widows or widowers and blood relations of their deceased spouses. Between 1871 and 1912 a number of politicians successfully challenged the validity of several of these prohibitions. In 1880 the New Zealand Parliament, over Tole's opposition, abolished the ban on marriages between widowers and their sisters-in-law. Twenty years later it abolished the prohibition against the remarriage of a widow with her deceased husband's brother."

Interesting stuff!

Minniehaha.

HAMMOND, Cainham/Caynham, Shropshire, U.K. Otago-NZ.
GALBRAITH, Ireland, Dunedin, Otago-NZ., Kensington-London, U.K.
GRANT, Sct., Dunedin, Otago-NZ., Vancouver, Canada.
GLASS, Aberdeenshire, Otago-NZ.
CAIRNEY/CARNEY/KEARNEY/Ireland, Airdrie, Scotland, Otago-NZ.
O'BRIEN Mary Ann, Limerick, Otago-NZ.
NICOL(L) James, Scotland, Otago-NZ.
SCOTT Thomas, Shetland, Otago-NZ.
MCHARDY/MCHARDIE Euphemia, Scotland, Otago-NZ.

Offline iluleah

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Re: When in NZ did it become lawful for a man to marry his sister-in-law?
« Reply #5 on: Sunday 06 October 13 12:16 BST (UK) »
It is and that is what make family history so interesting and our learning about so many thing so much better........ I really do wish that some form of family history research, maybe not personal research because of so many who are adopted etc is taught in schools,so 'research a chosen person' but ONLY by teachers who understand this type of research too many give their students 'name origin' homework and 'find your family crest' both of which shows the teacher up as being uneducated
Leicestershire:Chamberlain, Dakin, Wilkinson, Moss, Cook, Welland, Dobson, Roper,Palfreman, Squires, Hames, Goddard, Topliss, Twells,Bacon.
Northamps:Sykes, Harris, Rice,Knowles.
Rutland:Clements, Dalby, Osbourne, Durance, Smith,Christian, Royce, Richardson,Oakham, Dewey,Newbold,Cox,Chamberlaine,Brow, Cooper, Bloodworth,Clarke
Durham/Yorks:Woodend, Watson,Parker, Dowser
Suffolk/Norfolk:Groom, Coleman, Kemp, Barnard, Alden,Blomfield,Smith,Howes,Knight,Kett,Fryston
Lincolnshire:Clements, Woodend