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England (Counties as in 1851-1901) => England => Norfolk => Topic started by: Retriever on Monday 10 June 19 15:50 BST (UK)

Title: Divorce in the 1860s
Post by: Retriever on Monday 10 June 19 15:50 BST (UK)
On a marriage certificate of 1869 it states that the groom was divorced from his former wife.

That marriage was registered in 1861, and they had a son.

I am surprised that a divorced person could be re-married in an Anglican church at that time or even that divorce was an option then.

Has anybody else come across divorce and re-marriage in church this early?

Title: Re: Divorce in the 1860s
Post by: Milliepede on Monday 10 June 19 15:56 BST (UK)
I looked it up and there was an Act in 1857 allowing husbands to divorce their wives for adultery but not the other way around.

Other reasons for divorce didn't come in until much later. 
Title: Re: Divorce in the 1860s
Post by: Retriever on Monday 10 June 19 16:02 BST (UK)
Thanks for that Milliepede.

That could be the reason for the divorce as the son was rebaptised, the record showing him as the son of the father and second wife.

I am still surprised a divorcee was allowed a marriage in church in the 1860s.
Title: Re: Divorce in the 1860s
Post by: BumbleB on Monday 10 June 19 16:25 BST (UK)
I have a lady who married in 1850, then obtained a divorce from the husband, and re-married in 1873 under her maiden-name as a "Divorced woman".

Title: Re: Divorce in the 1860s
Post by: emeltom on Monday 10 June 19 16:28 BST (UK)
Perhaps it was down to the discretion of the Vicar.

Emeltom
Title: Re: Divorce in the 1860s
Post by: ShaunJ on Monday 10 June 19 16:34 BST (UK)
Divorce papers from that period are viewable on Ancestry https://www.ancestry.co.uk/search/collections/divorcerecords/
Title: Re: Divorce in the 1860s
Post by: BumbleB on Monday 10 June 19 16:42 BST (UK)
Yes, I've got a copy of the divorce papers.  He was the adulterer.

Title: Re: Divorce in the 1860s
Post by: ThrelfallYorky on Monday 10 June 19 16:46 BST (UK)
I must admit I'm a bit surprised that at that time the "guilty party" of a divorce could re-marry in a church. I'd a feeling that the "innocent" one might have been able to, but not the other.....
Title: Re: Divorce in the 1860s
Post by: BumbleB on Monday 10 June 19 16:58 BST (UK)
I haven't checked it out, but a "gentleman" of the same name married, also in 1873, in the area he moved to.  He said that he was a widower.



Title: Re: Divorce in the 1860s
Post by: mckha489 on Monday 10 June 19 19:43 BST (UK)
I have one where the first marriage was 1861, Divorce 1870, remarriage of the Wife in 1871.  She remarried under her maiden name but instead of widow, or spinster, or divorced it says Unmarried.  The other entries on that page of the parish register all say the usual things.

The husband remarried 3 more times, but his were all in the registry office.  Nevertheless,
The first and second he says he is a bachelor
And at the last he says he was a widower, which by then was actually technically  true! 
Title: Re: Divorce in the 1860s
Post by: Mabel Bagshawe on Monday 10 June 19 22:28 BST (UK)
I have one where the first marriage was 1861, Divorce 1870, remarriage of the Wife in 1871.  She remarried under her maiden name but instead of widow, or spinster, or divorced it says Unmarried.  The other entries on that page of the parish register all say the usual things.

The husband remarried 3 more times, but his were all in the registry office.  Nevertheless,
The first and second he says he is a bachelor
And at the last he says he was a widower, which by then was actually technically  true! 

Was theirs a divorce or was the marriage annulled (eg for non consummation or technical issue like one being under age)? In that case the marriage is considered never to have happened so technically both parties are spinster or bachelor on next marriage.
Title: Re: Divorce in the 1860s
Post by: mckha489 on Tuesday 11 June 19 02:42 BST (UK)
Divorce . I have the documents
Title: Re: Divorce in the 1860s
Post by: Retriever on Tuesday 11 June 19 12:30 BST (UK)
Many thanks for all the posts, most interesting.

Special thanks to ShaunJ for the link to Ancestry divorce records. I have just been reading the case and now know where they were married, children born to them and the name of the man she is accused of committing adultery with!

What a shame my connection is to the second wife!