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Prohibited relationships in Australia 1859

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  • Prohibited relationships in Australia 1859

    Have googled but can't find anything historical. Does anyone know if a woman could marry her widowed brother-in-law in NSW, Australia in about 1859?

    Helping an Australian contact through researching my neighbour's tree. Thanks.
    Liz

  • #2
    Until the Deceased Wife's Sister's Marriage Act of 1907 (7 Edw VII) this was not legitimate in Great Britain, and according to this doument on an Australian site would have applied Imperially, and so therefore to Australia.


    However, reading this document 'The Church, conscience and the colonies: marriage with a deceased wife’s sister in Britain and British Australia', it does say that in the 1870s British Colonies in Australia did pass such a law. I think you would need to read the paper in its entirety to dig out the full facts.


    Edit:
    It looks as though it may have been 1876 for New South Wales.
    Australia’s free online research portal. Trove is a collaboration between the National Library of Australia and hundreds of Partner organisations around Australia.


    Have a search on Trove (the Australian newspapers), there would have been a great deal of newspaper
    coverage on the matter.
    Last edited by keldon; 14-10-11, 11:00.
    Phil
    historyhouse.co.uk
    Essex - family and local history.

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    • #3
      all types of seemingly illegal and improper marriages occured in australia. the country is so vast all people would have to do is go out of the area and get married. also australia would have had a larger male population than female, particurly earlier in history. then again, marrying your siblings spouse is quite common in any country in the past.

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      • #4
        Thank you Phil and Kyle...With help from members here, we can show that Emily did not marry her brother-in-law because on Trove disputes about her will show she retained her surname from her first marriage. She also is named on a sister's death record on the Pioneers website much later than 1859 with her surname from first marriage.

        However, she signed herself with the surname of her brother-in-law when witnessing another sister's marriage in 1859. Will leave this now for the Australian branch of the tree to follow up.

        Many thanks.
        Liz

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        • #5
          In reverse, in Jewish law, if the bride was widowed, the groom's brother, if single, was obliged to marry her...

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          • #6
            Yes, naomi, as there is no blood tie, hard to understand the prohibition on that particular relationship.
            Liz

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            • #7
              Liz

              The prohibitio came from the Christian religious belief that Holy Matrimony turns two people into one, so that your brothers in law become your brothers, your sisters in law your sisters and so on. You cannot marry your brother or your sister obviously.

              A lot of religious debating had to go on before the CHURCH agreed that a man could in fact marry his deceased wife's sister.

              OC

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              • #8
                Thanks OC - I didn't realise that. I learn so much on here .
                Liz

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