Author Topic: Marriage Annulment  (Read 2946 times)

Offline Mawm

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Marriage Annulment
« on: Friday 08 November 19 04:14 GMT (UK) »
Is there somewhere I can locate information on the annulment of my father's first marriage. His father was a solicitor and would have done this himself. The marriage took place in England just before he was shipped overseas (1940's) and I think the annulment was done in Scotland.

Offline KGarrad

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Re: Marriage Annulment
« Reply #1 on: Friday 08 November 19 06:40 GMT (UK) »
Welcome to RootsChat! ;D

Do you mean annulment, or divorce?
Two very different things ;D

There is a guide to Scottish records here:
https://www.nrscotland.gov.uk/research/guides/divorce-records

And a guide for divorce in England & Wales here:
https://www.nationalarchives.gov.uk/help-with-your-research/research-guides/divorce/
Garrad (Suffolk, Essex, Somerset), Crocker (Somerset), Vanstone (Devon, Jersey), Sims (Wiltshire), Bridger (Kent)

Offline chempat

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Re: Marriage Annulment
« Reply #2 on: Friday 08 November 19 09:38 GMT (UK) »
My aunt's first marriage was annulled between 1946 and 1951.  (In England)

Her maiden surname and her annulled marriage surname is recorded on her subsequent marriage index.

I thought I inherited a document with the reasons for the annulment, but somewhere hiding in a box.

Will now look to see if I can find it on-line, because I am curious.

Offline Mawm

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Re: Marriage Annulment
« Reply #3 on: Saturday 09 November 19 02:48 GMT (UK) »
I am looking for Annulment papers, not divorce, and I thought they may be recorded elsewhere and not with normal divorce papers. The solicitor was my grandfather, he would have had to file them somewhere legal and not just his own files.
Does anyone have any ideas where I could locate them, also I am in Australia soneed somewhere online that I can access.
Thank you.


Offline Rosinish

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Re: Marriage Annulment
« Reply #4 on: Saturday 09 November 19 03:18 GMT (UK) »
Welcome to Rootschat  ;)

"There is no concept of marriage annulment in Scotland. The Court can declare your marriage to be void however and this effectively annuls the marriage. A void marriage is one that never existed. You must always have the Court declare the marriage to be void before you remarry."

Worth enquiring here, contact details bottom of page;

https://www.nrscotland.gov.uk/research/guides/divorce-records

Edit...Just noticed KG posted this link  ::)

Annie
South Uist, Inverness-shire, Scotland:- Bowie, Campbell, Cumming, Currie

Ireland:- Cullen, Flannigan (Derry), Donahoe/Donaghue (variants) (Cork), McCrate (Tipperary), Mellon, Tol(l)and (Donegal & Tyrone)

Newcastle-on-Tyne/Durham (Northumberland):- Harrison, Jude, Kemp, Lunn, Mellon, Robson, Stirling

Kettering, Northampton:- MacKinnon

Canada:- Callaghan, Cumming, MacPhee

"OLD GENEALOGISTS NEVER DIE - THEY JUST LOSE THEIR CENSUS"

Offline BushInn1746

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Re: Marriage Annulment
« Reply #5 on: Saturday 09 November 19 06:50 GMT (UK) »
Earlier English Decree Nisi [before the Decree Absolute] or high profile Divorce proceedings, were sometimes mentioned in the newspapers.

Regarding Annulment where the Marriage was never legally valid (void) or showing what makes the Marriage voidable
see Gov.UK or your Country's Marriage Law

Some things are Bigamy or being Closely Related or Underage in England and related Court actions might also get into the newspapers

Offline RJ_Paton

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Re: Marriage Annulment
« Reply #6 on: Saturday 09 November 19 10:49 GMT (UK) »
Is there somewhere I can locate information on the annulment of my father's first marriage. His father was a solicitor and would have done this himself.

Where did he practice ?

The marriage took place in England just before he was shipped overseas (1940's) and I think the annulment was done in Scotland.

What makes you think it happened in Scotland ?

Scots Law and English Law vary quite a bit especially around marriage and it would be unusual for an application to go before the Scottish Courts on a matter based on English Law

Added
  There are two possible Courts involved in such proceedings in Scotland -
1. The local Sheriff Court - can be used only if residence or domicile can be established by one of the parties in that Sheriffdom - the problem for you here is that Sheriff Court Records generally have a long closure period on them
2. The Court of Session - the highest Civil Court - can be used if Residence or Domicile is established anywhere in Scotland - again they have a closure period on their records but this varies between 50 & 75 years depending upon the record and you may be in luck.

The records would be found at the National Records (see the links provided by others) and are not online.

Offline djct59

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Re: Marriage Annulment
« Reply #7 on: Tuesday 12 November 19 21:43 GMT (UK) »
It was not legally possible to be divorced in the sheriff court until 1984. Before then all divorce actions were heard in the Court of Session, so any research would have to be conducted there.

Person researching might also want to seek out a copy of the Divorce (Scotland) Act 1938, although you will need the services of a specialist law library now.

Offline Rosinish

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Re: Marriage Annulment
« Reply #8 on: Wednesday 13 November 19 00:31 GMT (UK) »
djct, the enquiry is about a marriage annulment not divorce.

2 of us have posted a link the OP can email to make enquiries on how to advance the search.

Annie
South Uist, Inverness-shire, Scotland:- Bowie, Campbell, Cumming, Currie

Ireland:- Cullen, Flannigan (Derry), Donahoe/Donaghue (variants) (Cork), McCrate (Tipperary), Mellon, Tol(l)and (Donegal & Tyrone)

Newcastle-on-Tyne/Durham (Northumberland):- Harrison, Jude, Kemp, Lunn, Mellon, Robson, Stirling

Kettering, Northampton:- MacKinnon

Canada:- Callaghan, Cumming, MacPhee

"OLD GENEALOGISTS NEVER DIE - THEY JUST LOSE THEIR CENSUS"