Not sure how to categorize this

[Dillon Troy]

Can anyone tell me what was the legal status of transported convicts' wives and families left in the UK?  I'm trying to link (or prove there is no link) between a convict and my family.  He was transported to Tasmania for rape, married out there and never returned to the UK.  But he had a wife and children in England.  Since he was allowed to remarry, would her marriage automatically be dissolved, would she have to divorce him, or would she remain married and in matrimonial limbo, despite him being allowed to remarry.  Any link I can find will be through her children, but I'm struggling to trace them and wonder if she changed their name, reverted to her maiden name  or remarried.

[groom]

I think if the convict was transported for more than 7 years he could be regarded as dead and the wife left in England was free to remarry.

[ThrelfallYorky]

Probably many simply didn't mention any earlier marriage - after all, it was on the other side of the world, and no-one would know. He may have "allowed" himself to marry - then he'd be a bigamist. His first wife would still be his legal spouse. News probably wouldn't get back to England, but as for all practical purposes he was gone for good - she may well have re-married, with her fingers crossed behind her back. Legally both were married to each other until one died, no matter where they were, I'm sure. "Presumption of Death" probably didn't apply, unless there were other factors.

[*Sandra*]

2nd Marriage Without Divorce - Victoria 1800s

http://roosen.com.au/RoosenComAuWeb/Genealogy/Background/2nd_Marriage_Without_Divorce.html

Sandra

[*Sandra*]

In the early years, very few convicts' wives were able to follow their husbands to the colonies. Convicts who arrived without their spouses often entered into bigamous marriages in the absence of adequate records. In other cases they simply cohabited without formal marriage. There was also a general, if erroneous, belief in England and the colonies that if one party were transported, both parties were released from their marriage and free to marry again.

http://www.utas.edu.au/library/companion_to_tasmanian_history/M/Marriage%20and%20divorce.htm

Sandra

[Dillon Troy]

That's very helpful, thank you.

[stanmapstone]

See http://www.rootschat.com/forum/index.php?topic=673908.msg5189290#msg5189290

Stan

[groom]

So the Seven Year rule would apply?  I doubt if many convicts returned as it would have been too expensive.

[ThrelfallYorky]

That surprised me, too. I'd heard of it, but assumed it was folklore. I'm wiser now - thanks.