Marriage Settlements

[Elleray Girl]

Hello Rootschatters,

I have just received a copy of a marriage settlement for my ggg grandmother and her second husband dated 1869.

Can someone enlighten me as to their purpose or shed some light as to why an agreement may have been drawn up? It's a big document and mentions her fathers will, items of household furniture and chattels, arrangements for her son etc. It's so interesting but I'd love to know why they had one drawn up 

I just know someone out there will know!! 

Karen

[Mean_genie]

Karen

Since it predates the Married Women's Property Act of 1882, it was probably to safeguard any property that she brought to the marriage, otherwise anything that she owned became her husband's. A married women had no separate legal existence, and no right to any property unless it was 'ring-fenced' by a marriage settlement or some other legal means.

You will sometimes see wills where fathers leave bequests to daughters for her sole use, and not for any husband she may have or subsequently acquire, or words to that effect. Bequests to widows were often in the form of an income 'for so long as she remain my widow' which looks mean-spirited, but in fact protected the widow from fortune-hunters.

Does that help?

Mean_genie

[ev]

hi karen  

if it was a second marriage then it was probably drawn up to
protect the child(children ?) from the first marriage
i'm no lawyer but at this time would not the possesions of your ggg grandmother become part of her new husbands estate unless some
sort of settlement was agreed

ev

ps beat me to it genie

[Siamese Girl]

Everyone thinks pre-nuptual agreements are an amazing modern idea, when in fact they are as old as the hills 

Women, well at least the middle classes and above whose families had enough money, were usually properly provided for by a marriage settlement - very important in  pre- Welfare State days.

Carole

[Berlin-Bob]

Hi Karen,

You can find some more topics on Marriage Settlements in the

RootsChat Lexicon / Topic Catalogue ^{(click here)}

regards,
Bob

[Elleray Girl]

Dear All,

Many thanks for your responses - I knew you would know!

Bob - I'ver never seen the "Lexicon" before but I shall certainly be using it again!! Thanks for the link.

Karen