Thread: Marriage and Divorce

Hi,

I wonder if anyone can help? Is there a point when, if a couple are separated/estranged, that the marriage becomes "null and void"? Or would it always be bigamy?!

Many Thanks

Mrsp

Hello mrsp2008

Separetion is when a couple decide to live apart, a Deed of Separation may be entered into which sates the facts and any aggrements regarding maintenance/children/financial etc

Divorce is the separation of the married couple by law, applications are made which result in a Decree Nisi being granted signifying that the grounds for divorce have been acceptedaultry/irretrivable breakdown etc,a Decree Absolute can be appliedfor 6 weeks after the granting of the Decree Nisi and it is only at this point that you are reelased form the marriage and free to marry again!

Prior to Herberts Marriage Act of 1937 divorce was rarely considered!

elsabels

Hi Mrsp.

Have you any idea if the couple were likely to have had contact with each other whilst separated, or did one just disappear completely out of the other's life?
If the latter is the case, there is always the possibility an application was made for a Declaration of Presumed Death.

This link may be of help:-

New commentary on the Code of Canon Law - Google Books

Hi Elsabels and Finbar,

Many thanks for your replies.

The info that I have that I KNOW is correct is that John Lake married Choice Mason Lewis in 1911. They had 2 children-a son in 1910 (oops!) and a daughter in 1913. All occured in and around West Ham, London. Choice then turns up in Great Yarmouth, Norfolk, registering the birth of her 3rd child in 1918-with a William Thomas! They stay in the area and go on to have 4 more children! Choice, at some point, changes her name to Alice and marries William Thomas under the name of Alice Joyce Lake in 1960!

I've managed to make contact with the granddaughter of John Lake's brother. She and her family grew up in Deptford, Kent and used to be visited by her father's Uncle John. We believe that this is John Lake, mentioned above. I have a death certificate for a John Lake in 1958. The age matches and the occupation is similar to that on the marriage certificate and birth certificates I already have. He lived in Welling, Bexley, Kent. Next of kin was his wife, N Lake. After some research, I found a marriage of a Naomi Ivy F Balster nee Brown and John Lake in 1940, Woolwich, Kent. I contacted the Bexley Archives and they looked at the electoral register for the address on the death certificate and confirmed I'd found the correct spouse. I've yet to send for the marriage certificate which would confirm, or not, that this is the correct John Lake.

The son of John and Choice never mentioned his father, so I presume that after their arrival in Norfolk, they had no further contact. However, the fact that Choice and William didn't marry until 1960, 2 years after John Lake died, makes me think they had got wind of it.

So, presumably, John Lake was a bigamist!

Any further thoughts would be appreciated!

Many Thanks,

Mrsp

Somewhere i have seen that you couldn't find aWar record for John LAKE, maybe he had a reserved occupation....

One of the purposes of the 1937 Herbert marriage act was to allow women whose husbands had either not returned from WW! to apply for a divorce and be free to re marry...the ACT is after your ancestors 'separation'

Choice could have changed her name by Deed Poll, posting notices in various newspapers etc

Have you looked at TNA

Choice could have used a deed poll to change her name but I think she might have just changed it without any official stuff. You can just call yourself whatever you want. It's clear that Choice and John Lake separated.

The late marriage might be because they'd heard John had died and they were free to marry - but waiting 20 years seems to show they weren't bothered about conventionality. More likely it was something to do with pensions or inheritance. Choice wasn't entitled to any of the benefits of being William's wife otherwise. Or maybe in thinking about a Will, they thought their illegitimate children wouldn't inherit.

Hi Jeuel

Your thinking is more akin to current day advice, the Pension / benefit system as we know it wasn't introduced until 1948 and the rules were not the same then as now, people were more reliant on them selves and the parish......

Inheritance ( precursor was Estate Duty intro in 1894 ) probably wouldn't have been a consideration! It is unlikely many had an estate that was of note......

elsabels

Hi Elsabels and Jeuel,

Thank you very much for your replies. Jeuel, funnily enough, after watching an episode of heir hunters, I suggested to my husband about the illegimate children not being able to inherit!

When they married in 1960, would they have had to provide proof of identity, such as a birth certificate, of could they just give 'any old name'?

I know that William Thomas was a fisherman, so wouldn't have had much of a pension.

Elsasbels, no, I couldn't find a War record for John Lake. In 1913 he was a wood sawyer. Assuming that this was his occupation at the outbreak of WW1, would he have a reserved occupation?

Choice and William's youngest daughter is still alive, but we daren't ask too many questions in case she doesn't know her parents didn't marry until 1960!

I love doing this family tree, but trying to work out what went on is causing me many a sleepless night! LOL

Many Thanks again,

Mrsp

Could you not speak (very carefully) to Choice and William's youngest daughter to see how much she may or may not know.

For example... ask if she has a copy of her parents wedding cert and any other certs you can add to your family tree. This could get the conversation going and you could learn so much from it.

Best of luck

TralenA

Old Age Pensions were introduced in 1911, not 1948. Children's inheritance could have been a factor too.