Couple married twice

[Waiwera]

I am curious
I have a Scottish ancestor who married his first wife’s sister twice.
1898 he a widower and she a spinster and again
1907 he a widower she a spinster both marriages witnessed by family members.
Could the first marriage be illegal or change of religious affiliations?
One marriage was? UP ?United Presbyterian and one United Free Church of Scotland
What would the status be of any children born between the 2 marriages?

Thank you for any information to clarify this

Waiwera

[Eyesee]

About that time it was illegal to marry your deceased wifes sister. Know it applied in England so may well have in Scotland as well. It was also changed about that time as well to make it legal.

The first marriage may have been before the law was changed and was therefore illegal. They made it legal in 1907.

Someone else who knows when the law changed may be better at answering this.

Ian C

[Luzzu]

Yes, you are right.  It became legal in 1907 so presumably the first marriage was illegal.

There is some information here:-

http://wapedia.mobi/en/Deceased_Wife's_Sister's_Marriage_Act_1907

Not sure what the status of any children born between the two marriages would be though.

Luzzu

[Waiwera]

Thank you for that information. I had not realized the law was still in place that late in time. The older sister left young children and the younger sister had been living with her sister and brother in law for some years. So the second marriage was convenient. However there were children born to the second marriage before the repeal of the dead sister’s marriage act. Hopefully the remarriage in 1907 would legitimate them

Thank you Waiwera