How long before Death could be assumed?

[Romilly]

I've been puzzling over this one, - and wondered if anyone on here could help please?

If someone Married in 1846, - and then disappeared(!) How long would they have to be missing before they could be assumed to be dead? (Thus allowing the presumed Widow to remarry).

Hope that makes sense!

Cheers, Romilly.

[avm228]

Seven years.

[Romilly]

Seven years.

Hmmm, - thats an interesting figure.

Was it the legal time allowed?

Romilly.

[Greensleeves]

Quite often though the remaining spouse would remarry before that time elapsed,  although usually it meant moving to another parish to get away with it.

[Romilly]

My reason for asking is that despite extensive searching, - I have been completely unable to find a Death Entry for the

William Dyer who Married Mary Kenward, (Widow) in Lingfield, Surrey in 1846.

They had a child, another William Dyer, - in Lingfield in July 1847, - but then William Dyer (senior) seems to completely disappear...

Mary Dyer, (Widow) Marries George Holman in East Grinstead in 1855, - but not before they have an illegitimate child in 1852.

I'm guessing that William Dyer (Senior) must have just taken off, - & that she had to wait until he could be assumed to be dead.

And so the 7yr rule could be the reason why the Marriage didn't take place until 1855?

Romilly.

[majm]

Hi there,

An interesting question 

May I share one aspect of the "Seven Years" .......

In the Antipodean colonies in the penal era, there were quite a number of marriages where at least one of the parties was apparently entering into a marriage, with the permission of the Governor, yet they seem to have had a living spouse back in their home county, and were telling the authorities of that earlier marriage.    One of the NSW Governors (Lachlan Macquarie, a Scotsman  ) encouraged these colonial marriages, afterall, if you were transported under a sentence of seven years or more, the marriage was effectively ended by that civil court sentence.   There were attempts to fund the transporting of families of those convicted persons at various times.   

Here's a paper that may help with details of the various English laws and the "beyond the seas" aspect towards the "seven years" issues.   I think "Death in absentia" may be the legal expression.   

http://www.aifs.gov.au/institute/seminars/finlay.html



Cheers,  JM

[AngelaR]

Sorry about butting in, but I just wanted to say 'thank you' to majm for that post.

I have wondered for some time about the transportation situation. If someone just disappears and isn't seen for 7 years, that makes a lot of sense. However, if the spouse is known to exist, but be out of reach for an inordinate length of time because of something like transportation, allowing a remarriage would be a de facto divorce, surely?

In English law, wouldn't this be comparable with someone committed to an asylum for 20plus years? The marriage was still held to exist in that case....

This may be a situation where colonial law was a lot more pragmatic than English law!

[Romilly]

A very interesting paper majm, - many thanks for posting it.

I've just downloaded & printed it so that I can read it through in more detail...

Cheers, Romilly.

[Jebber]

Romilly it is still seven years in the UK, it differs in other countries, you may find the following interesting.

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

Jebber