When a criminal was transported to Australia, was the spouse who remained behind permitted to remarry? My query relates to a person who married in 1829, was tried and sent to Australia in 1830 for 7 years and whose wife remained in England and remarried in 1831 declaring herself a widow. The convict did not returned after serving his sentence but lived on in Australia until he died in the 1880's. On her second marriage, if discovered, would the wife have been considered a bigamist in the eyes of the law?
Thank you for your help.
Greenland
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Remarriage on Transportation to Australia
Re: Remarriage on Transportation to Australia
There is the 7 year rule: If the spouse has been transported for seven years the remaining spouse is permitted to marry after that seven years. But in this case, the wife didn't wait the seven years. 
Had the husband returned to the UK after the 7 years, and wanted to continue the marriage, I'm wondering if his wife's new marriage would've been void? I'm sure there are Forum experts who will provide further clarification.
Had the husband returned to the UK after the 7 years, and wanted to continue the marriage, I'm wondering if his wife's new marriage would've been void? I'm sure there are Forum experts who will provide further clarification.
Re: Remarriage on Transportation to Australia
In answer to Greenland, no the wife would not be considered a bigamist, but her second marriage would be void, and the first husband could claim conjugal rights.
In answer to Vallmo9, the 1604 Act is
“II. Provided always, That this Act, nor any Thing therein contained, shall extend to any Person or Persons whose Husband or Wife shall be continually remaining beyond the Seas by the Space of seven Years together, or whose Husband or Wife shall absent him or herself the one from the other by the Space of seven Years together, in any Parts within his Majesty’s Dominions, the one of them not knowing the other to be living within that Time.”
The time starts when the couple are separated, this could be some time before the transportation. The first marriage is not affected by the separation and is still a valid marriage in law, with all that that entailed.
The full Act may be seen on my Acts of Parliament website at.-
https://tinyurl.com/yyjhr8vy
Cheers
Guy
In answer to Vallmo9, the 1604 Act is
“II. Provided always, That this Act, nor any Thing therein contained, shall extend to any Person or Persons whose Husband or Wife shall be continually remaining beyond the Seas by the Space of seven Years together, or whose Husband or Wife shall absent him or herself the one from the other by the Space of seven Years together, in any Parts within his Majesty’s Dominions, the one of them not knowing the other to be living within that Time.”
The time starts when the couple are separated, this could be some time before the transportation. The first marriage is not affected by the separation and is still a valid marriage in law, with all that that entailed.
The full Act may be seen on my Acts of Parliament website at.-
https://tinyurl.com/yyjhr8vy
Cheers
Guy
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Re: Remarriage on Transportation to Australia
Thank you VALLM09 and Guy very much for your replies. This clarifies the situation for me and your input was a great help and is much appreciated.
Greenland
Greenland