Author Topic: Seven Year Rule for Re-Marriage  (Read 956 times)

Offline zylar22

  • RootsChat Extra
  • **
  • Posts: 89
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Seven Year Rule for Re-Marriage
« on: Wednesday 21 May 14 00:38 BST (UK) »
Hello,

I was hoping someone could clarify something for me.  If a wife has deserted her Husband and the Husband has no knowledge of her for Seven Years, is the wife then legally able to remarry without seeking a divorce.  This question pertains to the 1960's and 70's in the UK.

If the wife was to remarry, would she be required to state on her new marriage certificate that she had been previously married? 


Thanks

Zylar22

Online Marmalady

  • RootsChat Aristocrat
  • ******
  • Posts: 1,697
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Seven Year Rule for Re-Marriage
« Reply #1 on: Wednesday 21 May 14 01:15 BST (UK) »
To be able to re-marry, the deserted person would have to have their spouse legally presumed dead:

"England and Wales[edit]
Currently,[when?] the law generally assumes a person is dead if, after seven years:
There has been no evidence that they still live.
The people most likely to have heard from them have had no contact.
Inquiries made of that person have had no success.[2]
This is a rebuttable presumption at common law—if the person subsequently appears, the law no longer considers them dead.
Otherwise, courts may grant leave to applicants to swear that a person is dead (within or after the seven year period).[2] For example an executor may make such an application so they can be granted probate for the will. This kind of application would only be made sooner than seven years where death is probable, but not definitive (such as an unrecovered plane crash at sea), following an inquest (see below). Such an application is specific to the court where it is made—thus separate applications must be made at a coroner's inquest, for proceedings under the Matrimonial Causes and Civil Partnership Acts (for remarriage), for Probate, and under the Social Security Act."

from:http://en.wikipedia.org/wiki/Declared_death_in_absentia

I presume on their spouse being presumed dead, they would then be a widow/widower and so that description would be what is entered on any subsequent marriage certificate
Wainwright - Yorkshire
Whitney - Herefordshire
Watson -  Northamptonshire
Trant - Yorkshire
Helps - all
Needham - Derbyshire
Waterhouse - Derbyshire
Northing - all

Offline zylar22

  • RootsChat Extra
  • **
  • Posts: 89
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Seven Year Rule for Re-Marriage
« Reply #2 on: Wednesday 21 May 14 03:36 BST (UK) »
Thanks very much for your help Marmalady!!

Offline Guy Etchells

  • Deceased † Rest In Peace
  • RootsChat Marquessate
  • ********
  • Posts: 4,632
    • View Profile
Re: Seven Year Rule for Re-Marriage
« Reply #3 on: Wednesday 21 May 14 06:47 BST (UK) »
To be able to re-marry, the deserted person would have to have their spouse legally presumed dead:

This part spoils an otherwise excellent posting.

There is no requirement to have the spouse presumed legally dead to re-marry.
An ancient law - An Act to restrain all Persons from Marriage until their former Wives and former Husbands be dead [1604.]
http://freepages.genealogy.rootsweb.ancestry.com/~framland/acts/1604.htm
allows a person to remarry without any presumption of death after a period of seven years separation.
In fact it goes as far as stating a remarriage is allowed if the spouse has been overseas for seven years. In which case it makes no difference whether he/she is known to be alive or not the remarriage is allowed.

Presumption of death is more concerned with division of property or assets of the missing person. It was not until 2013 that England and Wales actually had legislation dealing with presumption of death - Presumption of Death Act 2013
http://www.legislation.gov.uk/ukpga/2013/13/contents

Cheers
Guy
http://anguline.co.uk/Framland/index.htm   The site that gives you facts not promises!
http://burial-inscriptions.co.uk Tombstones & Monumental Inscriptions.

As we have gained from the past, we owe the future a debt, which we pay by sharing today.