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Re: Missing

Posted: 20 Jun 2021, 14:23
by meekhcs
Many thanks for all the replies

So to tidy up, if the person who went missing didn't die, but didn't want to be found; and has subsequently changed her name, but not advertised the fact, which she doesn't have to do; there would be nothing to help us to find out if she had remarried or subsequently passed away.

and......

after a number of years she could be divorced or be presumed dead if all efforts to find her have failed, and the husband could remarry?

This seems to me to be the logical chain of events as there was no death recorded at the time. Efforts were made to find her and she was placed on the Missing People list. The husband did remarry.

Re: Missing

Posted: 03 Jul 2021, 23:40
by woodchal
So if spouse is declared dead and partner remarries what happens if the missing reappears?

In less formalised times ...if the missing spouse was “assumed” dead and partner remarries what happens then if the missing reappears.

Re: Missing

Posted: 04 Jul 2021, 06:51
by Guy
Do not forget it was not until October 2014 that the Presumption of Death Act 2013 https://www.legislation.gov.uk/ukpga/20 ... ts/enacted came into force in England & Wales (Scotland had made a law earlier, Presumption of Death (Scotland) Act 1977).

Prior to that a person could be presumed dead after 7 years (or in some cases a shorter period) but if the person reappeared the presumption was rebutted (good of the law to concede that).
Cheers
Guy