I didn't expect so many responses! Thanks.
I did a bit of a google around this earlier today and came across something called the Law of Property Act (1922). It allowed man and wife to equally inherit each others property and that of intestate children. May have something to do with it, may not, but it seems to be a little known piece of legislation someone else may find useful.
My relatives were:
Joseph Whitby, b. 1885 Thrumpton, Notts, d. 1936 Long Eaton, Derbys
Emily Marian Hill (variously named Emma, Emilie, Marion, Miriam, Maria) b. 1851 London? d. 1932 Long Eaton, Derbys.
No father listed for Emily on the marriage certificate, and both witnesses were their descendants so no hope of tracing her via siblings.
They were listed as husband and wife on the census's from 1881>
I had held off from giving their details because their early history is a bit long winded to explain.
Emily had her first child, Joseph Charles Whitby, in Princes Rd. Workhouse Infirmary, Lambeth in Jan 1875. The admissions records do not seem to exist for that period but in the creed register she is listed as Emily M. Whitby - not Emily Hill - and obviously they weren't married at that point.
Yet no father is listed on Joseph Charles Whitby's birth certificate.
All three are next found in Long Eaton in about 1877 at Joseph's christening, and they stayed there until their deaths. All subsequent children born to Emily have Joseph listed as the father.
What I don't yet know they answer to is, why did she take Joseph's name in the workhouse but not list him on the birth certificate? And then why, when they did live together, with children, did they not get married until 1922? Oh and also, who is she!!!???
It looks like the current options to explore are:
- Previously married
- Religious differences
- Parental disapproval
- Sudden change in circumstance/change of heart.
This family history lark is exiting but very frustrating
Thanks again for your help!