Phil Doherty wrote: > Could someone please help with a question re Divorce ? > > Would a lady need to apply for a divorce if her husband had committed > bigamy?. > Family history says it was a bigamous marriage.If it was were they married > in the eyes of the law > > Yesterday looking on Trove I notice she petitioned on the grounds of > desertion and > adultery . And was granted a decree nisi with cost. > > Thank you in anticipation of a reply > Philomena A bigamous marriage is a nullity. The lady would not need to apply for a divorce, but she would have been wise to get a decree of nullity before remarrying, just in case husband's first marriage was invalid. Then the impediment to the second marriage disappears, and she is hitched after all. If she applied for nullity and divorce at the same time, they deal with the nullity first. If there is no valid marriage, it doesn't need to be dissolved. But if she applied for divorce only, the validity of the marriage would have been assumed. HTH, Doug.

Thank you Doug for that clear answer. Philomena "Doug Laidlaw" <[email protected]> wrote in message news:[email protected] > Phil Doherty wrote: > >> Could someone please help with a question re Divorce ? >> >> Would a lady need to apply for a divorce if her husband had committed >> bigamy?. >> Family history says it was a bigamous marriage.If it was were they >> married >> in the eyes of the law >> >> Yesterday looking on Trove I notice she petitioned on the grounds of >> desertion and >> adultery . And was granted a decree nisi with cost. >> >> Thank you in anticipation of a reply >> Philomena > > A bigamous marriage is a nullity. The lady would not need to apply for a > divorce, but she would have been wise to get a decree of nullity before > remarrying, just in case husband's first marriage was invalid. Then the > impediment to the second marriage disappears, and she is hitched after > all. > > If she applied for nullity and divorce at the same time, they deal with > the > nullity first. If there is no valid marriage, it doesn't need to be > dissolved. But if she applied for divorce only, the validity of the > marriage would have been assumed. > > HTH, > > Doug.