Interesting Stories and Notes


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Attitudes to remarrying for poorer persons.

 

From 1668 to 1857 full divorce was only possible through an expensive Parliamentary Act. There were only about 100 divorces during this period, and these were generally between members of the aristocracy.

 In 1857 the Matrimonial Causes Act was passed which made it possible to obtain a divorce in England, other than by Act of Parliament. It was then possible for a man to get a divorce on the grounds of adultery by his wife.  A woman could only get a divorce on the grounds of adultery plus other causes, e.g. cruelty.   Since this involved a court case, divorce was only open to the wealthy.  Working class people, the majority of the population, did not have the funds to apply for a divorce.

Thus until the 20th century it was not possible for poor people to obtain a divorce.  However, it was possible for a man to sell his wife.  Although this was illegal, an unwanted wife could be sold at the local market place or village green.  The Thomas Hardy novel, The Mayor of Casterbridge, includes an example of this.

Marriage separation was often the result of a husband deserting his wife and family. Often poorer men disappeared because they could not afford a divorce.   Alternatively, the husband might have moved off to seek work in another town, and not bothered to keep in touch.  He may have been a sailor, soldier or merchant, or might have emigrated to seek work, and deliberately remained out of contact.  In such cases, it was not easily possible to know whether the husband were dead or alive.  Communication at this time was very difficult and many people were illiterate.

When poor people separated they would often live with the new partner as man and wife. In small villages this would be frowned upon, but in the larger towns, with rapidly growing populations, a couple could keep their relationship secret from their neighbours.

It was popularly believed that desertion was grounds for entering a second marriage, although strictly by law this was not true.  Also, it was commonly assumed that if a partner was absent for 7 years, then it could be assumed that they were dead.  Thus many poorer people remarried, although, by law, these were bigamous marriages.

Desertion did not constitute legal grounds for remarriage because it did not invalidate the existing marriage.

Divorce was often unnecessary for most couples owing to the high mortality rate of people at this time. Many women died in childbirth.  The common illnesses, typhoid, smallpox, typhus, diphtheria etc. caused many early deaths.  Many widows or widowers remarried rapidly after the death of their partner. This was because young children needed a replacement parent or for financial reasons.

Several Burgar families seemed to have been involved in desertion and bigamous marriages.

In Nottingham, Walter Burgar deserted his wife Mary and their children in about 1831.  She remarried in 1840.

In Sheffield, Andrew Edwin Burgar separated from his wife, Georgina Wright in about 1884 and she remarried in 1891. He formed a partnership with Alice Riggott, but did not marry her.

In London, Joseph Burgar married his cousin, Rachael Burgar in 1884.  They separated after 1887 and he remarried in 1892 and she in 1895.  It is very unlikely that they were divorced. 

 

 

 

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