Married in Scotland, remarried in England, how to find the divorce?

[MonicaL]

Did the first husband remain in Scotland? Wondering what his death cert stated about his marital status. Scottish death certs will show name of spouse(s) if known to the informant.

Just as a further check, you could have a look here https://catalogue.nrscotland.gov.uk/nrsonlinecatalogue/search.aspx

Make sure to click the button for 'phrase' and just search one name at a time. You never know 

Monica

[Rosinish]

In 1902 the wife of that couple claims to have remarried in the Glasgow registry office, but I can find no record of that marriage. Then, in England in 1915 she marries the same man she claimed to have married in 1902 (and there is evidence they were together the entire time, children born with both names on the birth records, etc). This one is an actual marriage as it's listed in the GRO index.

Where/when did 'the wife' claim to have remarried in 1902, what doc. is this written on?

As you can't find the 1902 marriage & have yet to see the 1915 MC, I'm curious where the info. was found re the 1902 marriage?

Annie

Add...I think I've answered my own question having read over the post again...
I'm guessing the info. was given on the BCs of the children born to the 2nd 'husband' in Scotland prior to their actual 1915 marriage?

[frizzante]

Where/when did 'the wife' claim to have remarried in 1902, what doc. is this written on?

As you can't find the 1902 marriage & have yet to see the 1915 MC, I'm curious where the info. was found re the 1902 marriage?

I mentioned it in a later post here https://www.rootschat.com/forum/index.php?topic=871198.msg7423824#msg7423824

[Andy J2022]

frizzante,
Have you found the couple in the 1911 census and if so, what do they say about how long they have been married? Like you, I don't think they did actually marry in 1902, but I would guess that's what they told their friends and neighbours etc and so would have continued the same story in the census for the sake of appearances.

[Andy J2022]

Also have you considered the Catholic Church dimension to the first marriage? It is possible that for some reason the wife was able to get the Archbishop of Glasgow to annul that marriage, and notwithstanding that she was still legally married according to civil law, this may have led the wife to believe that she wasn't committing adultery by the second marriage. By the Church's doctrine, a declaration or decree of nullity means that in the eyes of the Church, the marriage never occurred.

[frizzante]

Did the first husband remain in Scotland? Wondering what his death cert stated about his marital status. Scottish death certs will show name of spouse(s) if known to the informant.

His death record lists him as married to her.

Also have you considered the Catholic Church dimension to the first marriage?

I have, but I wonder if there is any way to find out if there was an annulment. She was of legal age at the time of their marriage and they had several children.

[MonicaL]

Did the first husband remain in Scotland? Wondering what his death cert stated about his marital status. Scottish death certs will show name of spouse(s) if known to the informant.

His death record lists him as married to her.

This would make me more confident that there was not ever a divorce...

Monica

[AntonyMMM]

I've ordered it but it will take a week to arrive. On the 2nd husband's military record it lists her as wife, widow, married reg office 1902. There's a note next to it that says "to be married by English law at the first opportunity" and then the date of the 1915 marriage. So I believe she was never divorced, but I didn't want to jump to conclusions.

The reference to getting "married by English law" in the future suggests that they knew their married status was an irregular one (something common in Scotland), and one that might not be recognised south of the border.

https://www.scotlandspeople.gov.uk/article/irregular-marriage-and-kirk-session-scotland

I wouldn't look too hard for any divorce.