Annulment of marriage in 1850/60

[cathaldus]

I do hope that this is the correct site to put this query on.   Reviewing our Family History,  acquired
over the  past ten years,  I constantly alight upon a problem with part of my wife's paternal family.
Obviously I do not want to mention any names in order to protect anyone's sensitivity but to ask a general question.  My wife's great grandmother was married in 1855,  quoting her Maiden name and being listed as a "Spinster".  She had two children by that union.   In 1862 she was married again,  in the same Church,  quoting her Maiden name and listed as a "Spinster".  The only scenario I can think of that would allow for this would be "Annulment",  for some reason or other.  Question then is - Where does one go to find out if this was so?  May I ask from some help from my RC pals? 

Bill

[stanmapstone]

An annulment means that, legally, the marriage has never happened. Marriages can be annulled if they are 'void' or 'voidable'. Petitions for nullity or annulment of marriage were relatively rare.
See 6.3 and 6.4 Annulments at
http://www.nationalarchives.gov.uk/records/research-guides/divorce-after-1858.htm

Stan

[Billyblue]

Did the same vicar / priest officiate at both weddings?

My father's sister at her second marriage said she was a spinster, but she was still
married to her first husband!

If the officiating minister didn't know her history, he had no way of checking the truthfulness of her statement.
How old was she at both marriages?
What religion does the church belong to?

Marriages can be annulled for various reasons, depending sometimes on the religion,
e.g. not consummated; forced marriage; a Catholic marrying someone who turns out to be divorced - in the eyes of the RC Church, this marriage should never have happened as they don't recognise divorce even though it is a legal process; bigamy.

Dawn M

[majm]

Hi there,

Are you certain that these two marriages were for the same bride? 

Does she sign her name each time, have you checked with the good folk at RChat's Decipher board that the signatures are likely confirming same person each time?

Have you written to the particular church and asked them to check the church register to see if there's any notations made by the Rev in the margins, or perhaps in his diary, or in any other contemporary records re either marriages?   

Have you checked for any notes made by the clergy when either of the two children may have been baptised?

Have you checked local newspaper mentions over the course of the years between the two marriages for any comments about negated marriages?

Oops, and have you triple checked for the demise of the first husband     

I am in NSW Australia, and I am aware that many of the females in the penal era (transportation of convicts to NSW effectively ceased 1840) and basically until civil registration commenced (March 1856) were known by the surname they used when they landed, if coming from overseas (either as prisoners or as settlers, or as the spouse of the garrison forces etc etc etc).   So, even after marrying in NSW, the women often retained their surname rather than take on the surname of their new spouse.  Perhaps that also occurred in other British spheres of influence, or perhaps it is something peculiar to NSW.

Cheers,  JM