RootsChat.Com
General => The Common Room => Topic started by: SimonKD on Monday 23 April 12 15:11 BST (UK)
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So the story went that my Grandfather married his first wife when he was 17 and she was 15 (and pregnant), and then a few months later the marriage was annuled (is that how you spell it) when it was discovered (by "them") that she was underage. But I have now discovered that in fact they went on and had at least 1 more child (although I think it could be 2) after and she is recorded on the certificate with her married name (as if the child).
My question is would there be some kind of record to show that this marriage was annuled as there is no divorce recorded at all.
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She would have had to have been a lot younger than 15 to be under age for marriage.
Maybe it was a parental consent issue? Do you have their marriage certificate?
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I thought 15 would of been underage? This is in 1936, so I assumed 18 was legal and 17/16 was with parents constent...
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The 1929 Age of Marriage Act made all marriages void from 10 May 1929, if either partner was under the age of 16. Marriages of minors, i.e. under 21, without consent after banns were valid, unless the banns had been forbidden by parents or guardians openly and publicly in church at the time of publication. A Void Marriage has never come into real existence because of some fundamental legal defect, so there was no marriage to annul.
Stan
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The 1929 Age of Marriage Act made all marriages void from 10 May 1929, if either partner was under the age of 16. Marriages of minors, i.e. under 21, without consent after banns were valid, unless the banns had been forbidden by parents or guardians openly and publicly in church at the time of publication. A Void Marriage has never come into real existence because of some fundamental legal defect, so there was no marriage to annul.
Stan
Thank you, I am assuming that they didn't go back and change the register to remove the marriage that never was? I guess also a copy of the marriage certificate would also not mention anything?
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I would still get the marriage cert to see what it does say on it.
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If the persons involved are deceased put their details ie name and any other info you may have and we will look for the marriage for you so that you can apply for the certificate.
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Thank you, I am assuming that they didn't go back and change the register to remove the marriage that never was? I guess also a copy of the marriage certificate would also not mention anything?
As far as I know, once a marriage certificate has been made out there is no mechanism whereby it can be removed, but correction of errors in completed marriage registers can be made with the reason for the correction written in the margin.
Stan