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Scotland (Counties as in 1851-1901) => Scotland => Topic started by: harrisj on Thursday 23 June 16 16:03 BST (UK)

Title: Not divorced?
Post by: harrisj on Thursday 23 June 16 16:03 BST (UK)

Found a female relative marrying in Scotland in 1878. She and husband had  a child that died. Husband then moves in with other woman in 1885 and he has children with other woman. Husband dies 1894 in Scotland.

Meantime wife gets married again in 1889 i Scotland and has children with new man.

was this unusual - was there a divorce - would it have been discovered?

Johann

Title: Re: Not divorced?
Post by: DonM on Thursday 23 June 16 22:27 BST (UK)

Go here:

http://catalogue.nrscotland.gov.uk/nrsonlinecatalogue/welcome.aspx

Select Search

Enter full name of either party select phrase

Enter years of this search (from and to)

And then search. 

You might get lucky and their divorce is here.

Don

Title: Re: Not divorced?
Post by: djct59 on Thursday 23 June 16 22:34 BST (UK)

Unless they were wealthy, divorce is unlikely, as that would require an action in the Court of Session. If you lived outside Edinburgh you would require to instruct a local solicitor to instruct an Edinburgh solicitor who would then instruct an advocate. Sixty years before Legal Aid, that was pretty expensive.

As there was a child, you can also rule out annulment on the grounds of non-consummation, so I rather think somebody wasn't entirely honest when they presented the banns for the second marriage. was it in the same parish as the first?

Title: Re: Not divorced?
Post by: harrisj on Friday 24 June 16 08:00 BST (UK)

thank you for your replies.

Checked the NRS site - nothing found.

Both marriages were in same city in Scotland but different districts.

I think a full disclosure was not made when marrying for second time!!

Title: Re: Not divorced?
Post by: Elwyn Soutter on Friday 24 June 16 09:06 BST (UK)

Quote from: harrisj on Friday 24 June 16 08:00 BST (UK)

Both marriages were in same city in Scotland but different districts.

I think a full disclosure was not made when marrying for second time!!

The second marriage certificate should tell you whether the bride was truthful. If her previous marital status is shown as spinster, then you have your answer. (If she said she was divorced, it would say that).

Title: Re: Not divorced?
Post by: harrisj on Friday 24 June 16 11:08 BST (UK)

Thanks Elwyn.

She stated spinster...

Title: Re: Not divorced?
Post by: carolineasb on Saturday 25 June 16 16:47 BST (UK)

Are you sure it is the same woman? Are all other details of parents etc the same? I have 2 women in my husband's tree who were born in the same year and have exactly the same first, middle and surname!