Legally Declared Dead

[Del 80]

Hi, If someone vanished in say the early 1900s, and then their spouse re-married, would the said spouse have to have their former spouse declared legally deceased, and if so, would there be a record of this? a period of seven years has been mentioned. Does anyone have any knowledge of this? I would be grateful for any help, Regards Del.

[Guy Etchells]

Was this in England & Wales as the legislation (as with much legislation) below did not apply to Scotland?

The 1861 Act was simply a reiteration of the earlier 1604 Act
http://freepages.genealogy.rootsweb..../acts/1604.htm

However please note this is not the same as having a person presumed dead.
If the 1st spouse returns the 2nd marriage is voidable, but there is no bigamy involved.
Cheers
Guy

[Del 80]

Guy, These events unfolded in Ayrshire Scotland, between 1900 and 1912, the person who "vanished" was one Samuel Clarke, my wifes g.grandfather, he is quite well known on these forums, as I have been searching for him for a long time, thanks for your reply, Regards Del.

[Peter Goodey]

English law doesn't apply in Scotland. This question might be better in the "General Scottish Family History" forum.

[Procat]

English law doesn't apply in Scotland. This question might be better in the "General Scottish Family History" forum.

Well suggested Peter. Thread moved.

[Guy Etchells]

The problem with Scottish law in such cases is the spouse could not have their partner declared dead unless they were in line to inherit.
This was because only a person entitled to succeed to an estate of the missing person could apply.
This state of affairs did not end until the Divorce Act of 1938.
Cheers
Guy

[Del 80]

Looks like that she knew that he was dead then Guy, as she re-married in 1912, I wonder where he went? ,and where he died?, several theories have been put forward, the boer war, died at sea, died in a foreign country,etc,etc, or perhaps he just did'nt want to be found!! Regards Del