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whats happens when you marry by mistake

ProfilePosted byOptionsPost Date

Big

Big Report 17 Apr 2011 16:37

I have a relative who was married and at some time later she married another person, then found out that the first person was still alive. Does the second marriage get disolved, do get to pick which one you prefer to be married too?

thanks for any help

MargaretM

MargaretM Report 17 Apr 2011 16:41

I believe that not only would the second marriage be dissolved but she could possibly be charged with bigamy.

brummiejan

brummiejan Report 17 Apr 2011 16:45

As I understand it, if a long time had passed (over 7 years I think) the first husband could be declared officially dead - or having deserted her at least, so basis for divorce - and therefore the 2nd marriage would be valid. But if she just assumed and re-married anyway - oops!
Jan

Big

Big Report 17 Apr 2011 16:52

I have been told that some years had past and she assumed the first husband was dead, she then remarried and she was to be charged with bigamy (but she was not charged in the end)), so I am guessing it was over 7rs. So would the second marriage be dissolved and taken from the records. I ask because when she again marries for the 3rd time she is using the second husbands name as her maiden name, but I can not find marriage record to that second husband

brummiejan

brummiejan Report 17 Apr 2011 17:07

The 2nd marriage definitely invalid in this case. I would think there is no need to dissolve it as it effectively never happened. Not sure if it would be removed from the records though, interesting question.
She can marry under whatever name she likes (not her maiden name in any case though is it?)
Jan

InspectorGreenPen

InspectorGreenPen Report 17 Apr 2011 17:38

When are we talking about?

KathleenBell

KathleenBell Report 17 Apr 2011 17:52

I know someone whose parents married in the 1940's. It was then found that her father was already married to someone else and he had married her mother bigamously. However the marriage is still in the index and a copy of the certificate was still able to be bought.

Kath. x

Big

Big Report 17 Apr 2011 18:23

In reply to InspectorGreenPen

I believe the lady first married in 1924, the second marriage I cant find, the third took place in 1946.

Born as Mary mechan 1912
I believe she marries a Mr Adams in 1924 (when she would be 12 yrs old (which I understand from a previous reply was permissable in those days))
She then marries ( I have the record) A Mr Russell in 1946 - using the name Cunningham as one of her previous names.

brummiejan

brummiejan Report 17 Apr 2011 18:28

"Big" - though legal a marriage at the age of 12 in 1924 would be extremely rare. What evidence have you for all this? I'm a bit concerned about the "I think"!

I assume she was born outside England/Wales?

Jan

brummiejan

brummiejan Report 17 Apr 2011 18:34

These are the 2 marriages you are referring to I guess? Plus another for luck!

Why do you think this is the same person?

Marriages Sep 1924 (>99%)
Mechan Mary Adams Manchester 8d 492

Marriages Sep 1942 (>99%)
Mechan Mary F Wilson Salford 8d 1122


Marriages Dec 1946 (>99%)
Cunningham Mary Russell Chatham 5b 741
Mechan Mary Russell Chatham 5b 741
Meechan Mary Russell Chatham 5b 741
Russell Arthur P L Cunningham Chatham 5b 741
Russell Arthur P L Mechan Chatham 5b 741
Russell Arthur P L Meechan Chatham 5b 741

Big

Big Report 17 Apr 2011 19:02

Reply to brummiejan.

At the moment I am trying to put together the small leads that I have thats why there are some " I thinks"

I am searching for details of Mary Mechan (she did not have a second name). She was born in Scotland.

the last record is correct. On the marriage cert is says mary (Cunningham, mechan, meechan all being listed as her previous name).

I know that when she married mr Russell she told him that she had been married before (she was in fact carrying a small baby at the time) - she also told mr russell that she had been married to a person who she had assumed was dead when she married a second husband.

So the only real names I have are Cunningham (whom I am assuming at this stage could be the second husband, and Russell and her maiden name Mechan

I have also found some children from the possible marriage to Adams...
an Elizabeth and Gerard. (her sister who she was very close to was called Elizabeth that is why I am suspecting at this time the first husband could of been Adams. Sadly all of the Mechans and Russells who would know the answer to the dark secrets of the family have passed on so I am trying to put the puzzle together.

also just remembered mary said she had 7 children before marrying mr Russell from her previous marriages. A least a couple of the children died very young of diptheria.

If you have any ideas that I could persue or know of places other then the british bdm records that I could look at please let mw know.

Many thanks.





brummiejan

brummiejan Report 17 Apr 2011 19:11

Other than buying both certs you will never know, but for what it's worth I would bet these are 2 entirely different people. The name Elizabeth is overwhelmingly common so you can't assume anything from that.

Have you looked on Scotland's People site for a possible marriage? I assume you do not know when she came to England.

In the meantime, I would check for matches on here by using Search trees box above. I person has a mary mechan born 1911 Dundee, might be worth checking out.

Jan

SylviaInCanada

SylviaInCanada Report 18 Apr 2011 01:07

What is the name of her father as given on that marriage to Mr Russell?




sylvia

SylviaInCanada

SylviaInCanada Report 18 Apr 2011 01:13

and where does the Cunningham come from?


Marriages found for

Mechan / Adams

Mechan / Wilson

Mechan / Russell

Shirley~I,m getting the hang of it

Shirley~I,m getting the hang of it Report 18 Apr 2011 11:25

It may well be she only lived with a Mr Cunningham and was known as Cunningham hence the ref on the marriage cert to both names ie Mechan also known as Cunningham.
OR maybe she was born Mechan but her mum married a Cunningham and she was known as Cunningham in the family environment

Big

Big Report 18 Apr 2011 11:33

Her mother was married to Mr Mechan and the mother died when she was a teen, an accident with a commercial bobin hitting her on the head.
The cunningham comes from Mary's marriage registration to Mr Russell.

I am quite sure that she was married to Mr Cunningham as there was a question of bigamy that was dropped. (presume because the reason she remarried was that she had received a letter from the war office telling her that her husband was missing presumed dead).

nuttybongo

nuttybongo Report 18 Apr 2011 16:16

Hi there,
Common name in Scotland i think. Mine were Meechan, or Meehan as they were known in Ireland.