1920 marriage laws

[stevenroyals]

Hi

One of my relatives got married in 1912 and they had some children. In 1915 the husband left the family and went interstate. I know that they were in communication up until late 1916, after this I don't know.

The wife says that the husband went overseas and so she got married to someone else in 1922. Her marriage certificate says that she is a widow but there is no death certificate for her previous husband. She was never divorced.

How long would she have to be out of contact with her first husband before she could marry again?

Thanks
Steve

[Siouxsie]

Hi Steve,
I asked the NSW BDM the same question in regards to a relative of mine.

The answer gave me pause for thought as I now have come to believe my relative was a bigamist.

Their answer was that the person getting married needed to have proof of death of their spouse or divorce from their spouse. The person could also have been listed officially as missing presumed dead and then (from memory) it was 7 years before they were declared dead.

What that proof was seemed to be a bit sketchy.......and I know my relative didn't have a death certificate that prove he was a widower, so maybe they provided stat decs.......it is still a mystery!

Maybe a quick email or phone call to the relevant state BDM office may help your more.

Cheers
Siouxsie

[stevenroyals]

I found the answer.

The spouse has to be absent for 7 years and presumed dead.

http://www.lawhandbook.sa.gov.au/ch10s06s06s01.php

[Siouxsie]

.........ahh my memory hadn't failed me! 

Cheers
Siouxsie