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your opinion please.. possible bigamy in my family tree?

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  • your opinion please.. possible bigamy in my family tree?

    hi, I've been looking back at my G>G>G> Grandmother. Emma Thamer Gubbins was born to George & Elizabeth (Betty Gubbins) in little canford, dorset, baptised 1814. On 23.12.1833, Emma marries Henry Willis. on the 1841 census she is with Henry and 3 children - Mary 6, Eliza 3 and George 4 months. Mary dies on 10.12.1845 aged 9 years. Then, by 30.7.1848 in Birmingham, Emma marries Charles Corbyn, when she is 29 and declares herself a widow. On the 1851 census Charles and Emma are living in Ashby de la zouch with a daughter Fanny aged 5, Robert 2 and Charles 1 month. Also on the 1851 census Henry Willis however, is still in Dorset declaring himself married with son George 16 and daughter Elizabeth 8 and a servant aged 20. Charles and Emma (Thamer) can be followed through the census together up until their deaths. Charles died in 1898 aged 79 years and Emma (Thamer) died in 1912 aged 100 years.
    My question is, do you think i'm on the right track? i know there are discrepancies in the children's ages but locations and occupations all fit. As do father's details on marriage certificates. Was divorce possible at that time for women? as it seems Emma is the one that may have Strayed? Any feedback welcome, nice to share those little puzzles, thanks jane

  • #2
    Divorce was theoretically possible then but cost so much money that it was beyond the reach of all but the very rich - it required a separate Act of parliament for each divorce.

    Most people just agreed to go their separate ways and many did commit bigamy. The only time bigamy was a problem was if one side was annoyed by it and reported the bigamist to the authorities. Much bigamy went unnoticed.

    (There was an exception to the divorce situation and that was that the CHURCH (not the State) would agree to a remarriage (not a divorce) when one person in the marriage was unable to fulfil their marital obligations, usually because they had disappeared, or because they had been transported. I have seen one MC where the wording is something like "with the permission of the Archbishop. Jane Bloggs the wife of Joe Bloggs sent beyond the seas for life". this seems very unlikely in your case).

    OC

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    • #3
      There was also the development in the 19thC by the courts of a presumption of death after seven years - so that if you had been deserted by a spouse and they had not been heard of in seven years ("by those who could be expected to have heard from them" ) and inquiries had failed to locate their whereabouts then it could be presumed they had died and a spouse was free to marry (as a widow or widower).

      She may have made such a claim (truthfully or not) to allow her to marry again.
      Retired professional researcher, and ex- deputy registrar, now based in Worcestershire. Happy to give any help or advice I can ( especially on matters of civil registration) - contact via PM or my website www.chalfontresearch.co.uk
      Follow me on Twittter @ChalfontR

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      • #4
        Yes, sorry Antony, I should have said the church required a wait of 7 years normally.

        OC

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        • #5
          Here is the 1851 census return for Henry



          The image shows son George as aged 10 yrs.
          Henry gave his marital status as married and his neighbour was George Gubbins and family. Was this the brother of Emma?

          Jay
          Janet in Yorkshire



          Genealogists never die - they just swap places in the family tree

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          • #6
            Thanks everyone I knew I could rely on you all to help me out! Yes jay that is Emma's brother. Thanks again for all your help, jane

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            • #7
              Originally posted by AntonyM View Post
              There was also the development in the 19thC by the courts of a presumption of death after seven years - so that if you had been deserted by a spouse and they had not been heard of in seven years ("by those who could be expected to have heard from them" ) and inquiries had failed to locate their whereabouts then it could be presumed they had died and a spouse was free to marry (as a widow or widower).

              She may have made such a claim (truthfully or not) to allow her to marry again.
              17th century not 19th ;)

              Cheers
              Guy
              Guy passed away October 2022

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              • #8
                Thanks Guy - that's useful to know

                I took my answer from "Marriage Law or Genealogists" by Prof Rebecca Probert who doesn't seem to mention the 1604 act ...wonder why not ?
                Retired professional researcher, and ex- deputy registrar, now based in Worcestershire. Happy to give any help or advice I can ( especially on matters of civil registration) - contact via PM or my website www.chalfontresearch.co.uk
                Follow me on Twittter @ChalfontR

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                • #9
                  Further to my answer above - The Bigamy Act (which Guy quotes) provided the seven year desertion rule as a potential defence to a criminal charge of bigamy (which at the time was potentially punishable by death), it did not make a second marriage after such a desertion automatically lawful and such a marriage could be declared void if the original spouse turned up. It was the recognition of the validity of the subsequent marriage which the courts later began to accept, even though a legal challenge could still be made. The Matrimonial Causes Act of 1937 finally clarified the law and introduced the concept of a "decree of presumption of death and dissolution of marriage".
                  Retired professional researcher, and ex- deputy registrar, now based in Worcestershire. Happy to give any help or advice I can ( especially on matters of civil registration) - contact via PM or my website www.chalfontresearch.co.uk
                  Follow me on Twittter @ChalfontR

                  Comment

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