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Research in Other Countries => Australia => Topic started by: Marglos on Tuesday 18 May 10 13:58 BST (UK)

Title: Convicts to Australia 1835
Post by: Marglos on Tuesday 18 May 10 13:58 BST (UK)

If a man received a life sentence and was deported  as above,
would his wife be free to marry again, after divorce?

Thanks you,
Marglos

Title: Re: Convicts to Australia 1835
Post by: Robert Coble on Tuesday 18 May 10 14:05 BST (UK)

divorce

Title: Re: Convicts to Australia 1835
Post by: Ruskie on Tuesday 18 May 10 14:09 BST (UK)

I don't think they would divorce in those days. But I imagine both would often remarry.  ;)

Title: Re: Convicts to Australia 1835
Post by: Marglos on Tuesday 18 May 10 14:39 BST (UK)

Thanks Ruskie,
So their marriage was finished with this sentence and he never came back.
I've got him, John Overall, travelling on The Royal Sovereign on 25th July 1835.
He then  lived in many parts of Australia.
I'm glad to have your help.
Regards,
Marglos

   

Title: Re: Convicts to Australia 1835
Post by: yorkshire liz on Tuesday 18 May 10 16:55 BST (UK)

Before 1858 an Act of Parliament was required to obtain a divorce, so it was only for the very rich and powerful.  Even after this date only the rich could afford the lawyers necessary, and the grounds for divorce were so heavily weighted in favour of the husband that I doubt very much whether his being transported would count as grounds!  However, if a wife left behind in England had not heard from him for seven years she was legally entitled to assume he was dead and remarry as a widow.

In the Colonies I belive they were much more relaxed about remarriage.  It was in the authorities' interests to have people married and settled down so they tended to turn a blind eye to the spouse on the other side of the world.

Best wishes
Liz