Hallo Pat, Not sure if this was the case in South Africa, but it was the case in Australia - my great great grandfather's second wife was able to marry him because she had been deserted and was considered a widow after seven years. There is a note about this on their wedding certificate. (This presumably was Australian law following English precedent.) Their marriage took place in 1865. I have recently discovered that there is a strong possibility she wasn't a widow at all, her first husband was still alive at the time of her second marriage - but that's another story. It could as you say be a way of ending a difficult marriage, but then, if someone just cleared off and left me on my own for seven years, I don't think I'd be too pleased about it no matter what! Cheers Julie H. -----Original Message----- From: patfryk [mailto:patfryk@clear.net.nz] Sent: Monday, 1 August 2005 2:41 AM To: SOUTH-AFRICA-CAPE-TOWN-L@rootsweb.com Subject: [South-Africa-Cape-Town] Desertion/divorce/ I think I asked this before but I am darned if I can find where or when! Bear with me? In England up to Divorce Act 1857, if a man deserted his wife and had no further contact with her and simply disappeared, he was considered to be dead after 7 years and she could then remarry.It was one way, a cheap way too of ending a rotten marriage at a time when divorce was almost impossible. Did this apply anywhere in South Africa? 19thC/20thC? thanks Pat ==== SOUTH-AFRICA-CAPE-TOWN Mailing List ==== South African Passenger Lists, Genealogy links, CDs and books www.sagenealogy.co.za ============================== New! Family Tree Maker 2005. Build your tree and search for your ancestors at the same time. Share your tree with family and friends. Learn more: http://landing.ancestry.com/familytreemaker/2005/tour.aspx?sourceid=14599&ta rgetid=5429

Thank you Julie. Oh it happened, often enough,. there is a wonderful book by Lawrence Stone "Broken Lives - Separation and Divorce in England 1600 -1857" OUP 1993. And of course there used to be wife selling too, (Mayor of Casterbridge) Divorce was out of the question except for the very wealthy. Generally it seems a woman stayed married and put up with all sorts of nonsense because divorce or separation meant at best ostracism but she was left destitute and had no control over the children. So it seems very fair to me that if the man scarpered, then seven years wasnt too long to wait to declare the so&so dead! But then for him to come back and accuse her of adultery is just too much. I can think of some lovely words there to describe him.!! Pat. ----- Original Message ----- From: "Bryan Lewis" <bryanlewis@hotkey.net.au> To: <SOUTH-AFRICA-CAPE-TOWN-L@rootsweb.com> Sent: Monday, August 01, 2005 12:10 PM Subject: RE: [South-Africa-Cape-Town] Desertion/divorce/ > Hallo Pat, > Not sure if this was the case in South Africa, but it was the case in > Australia - my great great grandfather's second wife was able to marry him > because she had been deserted and was considered a widow after seven > years. > There is a note about this on their wedding certificate. (This presumably > was Australian law following English precedent.) > > Their marriage took place in 1865. I have recently discovered that there > is > a strong possibility she wasn't a widow at all, her first husband was > still > alive at the time of her second marriage - but that's another story. It > could as you say be a way of ending a difficult marriage, but then, if > someone just cleared off and left me on my own for seven years, I don't > think I'd be too pleased about it no matter what! > Cheers > Julie H. > > -----Original Message----- > From: patfryk [mailto:patfryk@clear.net.nz] > Sent: Monday, 1 August 2005 2:41 AM > To: SOUTH-AFRICA-CAPE-TOWN-L@rootsweb.com > Subject: [South-Africa-Cape-Town] Desertion/divorce/ > > I think I asked this before but I am darned if I can find where or when! > Bear with me? > In England up to Divorce Act 1857, if a man deserted his wife and had no > further contact with her and simply disappeared, he was considered to be > dead after 7 years and she could then remarry.It was one way, a cheap way > too of ending a rotten marriage at a time when divorce was almost > impossible. > Did this apply anywhere in South Africa? 19thC/20thC? > thanks > Pat > > > ==== SOUTH-AFRICA-CAPE-TOWN Mailing List ==== > South African Passenger Lists, Genealogy links, CDs and books > www.sagenealogy.co.za > > ============================== > New! Family Tree Maker 2005. Build your tree and search for your ancestors > at the same time. Share your tree with family and friends. Learn more: > http://landing.ancestry.com/familytreemaker/2005/tour.aspx?sourceid=14599&ta > rgetid=5429 > > > > > ==== SOUTH-AFRICA-CAPE-TOWN Mailing List ==== > South African Passenger Lists, Genealogy links, CDs and books > www.sagenealogy.co.za > > ============================== > Search the US Census Collection. Over 140 million records added in the > last 12 months. Largest online collection in the world. Learn more: > http://www.ancestry.com/s13965/rd.ashx > > > > -- > No virus found in this incoming message. > Checked by AVG Anti-Virus. > Version: 7.0.338 / Virus Database: 267.9.7/60 - Release Date: 28/07/2005 > >

In South Africa an order of the High Court has to be obtained declaring the respondent presumed dead. This may be imediately after his disappearance or only many years later. It all depends on the circumstances of his disappearance in each case. There is no set time for a person to be presumed to have died.. Once an order is obtained declaring a person presumed dead his spouse may remarry. Regards John van Niekerk ----- Original Message ----- From: "patfryk" <patfryk@clear.net.nz> To: <SOUTH-AFRICA-CAPE-TOWN-L@rootsweb.com> Sent: Monday, August 01, 2005 4:12 AM Subject: Re: [South-Africa-Cape-Town] Desertion/divorce/ > Thank you Julie. Oh it happened, often enough,. there is a wonderful book by > Lawrence Stone "Broken Lives - Separation and Divorce in England 1600 -1857" > OUP 1993. And of course there used to be wife selling too, (Mayor of > Casterbridge) Divorce was out of the question except for the very wealthy. > Generally it seems a woman stayed married and put up with all sorts of > nonsense because divorce or separation meant at best ostracism but she was > left destitute and had no control over the children. So it seems very fair > to me that if the man scarpered, then seven years wasnt too long to wait to > declare the so&so dead! But then for him to come back and accuse her of > adultery is just too much. I can think of some lovely words there to > describe him.!! > Pat. > ----- Original Message ----- > From: "Bryan Lewis" <bryanlewis@hotkey.net.au> > To: <SOUTH-AFRICA-CAPE-TOWN-L@rootsweb.com> > Sent: Monday, August 01, 2005 12:10 PM > Subject: RE: [South-Africa-Cape-Town] Desertion/divorce/ > > > > Hallo Pat, > > Not sure if this was the case in South Africa, but it was the case in > > Australia - my great great grandfather's second wife was able to marry him > > because she had been deserted and was considered a widow after seven > > years. > > There is a note about this on their wedding certificate. (This presumably > > was Australian law following English precedent.) > > > > Their marriage took place in 1865. I have recently discovered that there > > is > > a strong possibility she wasn't a widow at all, her first husband was > > still > > alive at the time of her second marriage - but that's another story. It > > could as you say be a way of ending a difficult marriage, but then, if > > someone just cleared off and left me on my own for seven years, I don't > > think I'd be too pleased about it no matter what! > > Cheers > > Julie H. > > > > -----Original Message----- > > From: patfryk [mailto:patfryk@clear.net.nz] > > Sent: Monday, 1 August 2005 2:41 AM > > To: SOUTH-AFRICA-CAPE-TOWN-L@rootsweb.com > > Subject: [South-Africa-Cape-Town] Desertion/divorce/ > > > > I think I asked this before but I am darned if I can find where or when! > > Bear with me? > > In England up to Divorce Act 1857, if a man deserted his wife and had no > > further contact with her and simply disappeared, he was considered to be > > dead after 7 years and she could then remarry.It was one way, a cheap way > > too of ending a rotten marriage at a time when divorce was almost > > impossible. > > Did this apply anywhere in South Africa? 19thC/20thC? > > thanks > > Pat > > > > > > ==== SOUTH-AFRICA-CAPE-TOWN Mailing List ==== > > South African Passenger Lists, Genealogy links, CDs and books > > www.sagenealogy.co.za > > > > ============================== > > New! Family Tree Maker 2005. Build your tree and search for your ancestors > > at the same time. Share your tree with family and friends. Learn more: > > http://landing.ancestry.com/familytreemaker/2005/tour.aspx?sourceid=14599&ta > > rgetid=5429 > > > > > > > > > > ==== SOUTH-AFRICA-CAPE-TOWN Mailing List ==== > > South African Passenger Lists, Genealogy links, CDs and books > > www.sagenealogy.co.za > > > > ============================== > > Search the US Census Collection. Over 140 million records added in the > > last 12 months. Largest online collection in the world. Learn more: > > http://www.ancestry.com/s13965/rd.ashx > > > > > > > > -- > > No virus found in this incoming message. > > Checked by AVG Anti-Virus. > > Version: 7.0.338 / Virus Database: 267.9.7/60 - Release Date: 28/07/2005 > > > > > > > ==== SOUTH-AFRICA-CAPE-TOWN Mailing List ==== > South African Passenger Lists, Genealogy links, CDs and books > www.sagenealogy.co.za > > ============================== > Search the US Census Collection. Over 140 million records added in the > last 12 months. Largest online collection in the world. Learn more: http://www.ancestry.com/s13965/rd.ashx > >

Thanks John. Unfortunately he wasn't presumed dead, and like the bad penny he was he turned up, quite the wrong moment for her!! Pat ----- Original Message ----- From: "John van Niekerk" <jfvn@iafrica.com> To: <SOUTH-AFRICA-CAPE-TOWN-L@rootsweb.com> Sent: Tuesday, August 02, 2005 8:02 AM Subject: Re: [South-Africa-Cape-Town] Desertion/divorce/ > In South Africa an order of the High Court has to be obtained declaring > the > respondent presumed dead. This may be imediately after his > disappearance > or only many years later. It all depends on the circumstances of his > disappearance in each case. There is no set time for a person to be > presumed to have died.. Once an order is obtained declaring a person > presumed dead his spouse may remarry. > Regards > John van Niekerk > ----- Original Message ----- > From: "patfryk" <patfryk@clear.net.nz> > To: <SOUTH-AFRICA-CAPE-TOWN-L@rootsweb.com> > Sent: Monday, August 01, 2005 4:12 AM > Subject: Re: [South-Africa-Cape-Town] Desertion/divorce/ > > >> Thank you Julie. Oh it happened, often enough,. there is a wonderful book > by >> Lawrence Stone "Broken Lives - Separation and Divorce in England > 1600 -1857" >> OUP 1993. And of course there used to be wife selling too, (Mayor of >> Casterbridge) Divorce was out of the question except for the very >> wealthy. >> Generally it seems a woman stayed married and put up with all sorts of >> nonsense because divorce or separation meant at best ostracism but she >> was >> left destitute and had no control over the children. So it seems very >> fair >> to me that if the man scarpered, then seven years wasnt too long to wait > to >> declare the so&so dead! But then for him to come back and accuse her of >> adultery is just too much. I can think of some lovely words there to >> describe him.!! >> Pat. >> ----- Original Message ----- >> From: "Bryan Lewis" <bryanlewis@hotkey.net.au> >> To: <SOUTH-AFRICA-CAPE-TOWN-L@rootsweb.com> >> Sent: Monday, August 01, 2005 12:10 PM >> Subject: RE: [South-Africa-Cape-Town] Desertion/divorce/ >> >> >> > Hallo Pat, >> > Not sure if this was the case in South Africa, but it was the case in >> > Australia - my great great grandfather's second wife was able to marry > him >> > because she had been deserted and was considered a widow after seven >> > years. >> > There is a note about this on their wedding certificate. (This > presumably >> > was Australian law following English precedent.) >> > >> > Their marriage took place in 1865. I have recently discovered that >> > there >> > is >> > a strong possibility she wasn't a widow at all, her first husband was >> > still >> > alive at the time of her second marriage - but that's another story. It >> > could as you say be a way of ending a difficult marriage, but then, if >> > someone just cleared off and left me on my own for seven years, I don't >> > think I'd be too pleased about it no matter what! >> > Cheers >> > Julie H. >> > >> > -----Original Message----- >> > From: patfryk [mailto:patfryk@clear.net.nz] >> > Sent: Monday, 1 August 2005 2:41 AM >> > To: SOUTH-AFRICA-CAPE-TOWN-L@rootsweb.com >> > Subject: [South-Africa-Cape-Town] Desertion/divorce/ >> > >> > I think I asked this before but I am darned if I can find where or >> > when! >> > Bear with me? >> > In England up to Divorce Act 1857, if a man deserted his wife and had > no >> > further contact with her and simply disappeared, he was considered to >> > be >> > dead after 7 years and she could then remarry.It was one way, a cheap > way >> > too of ending a rotten marriage at a time when divorce was almost >> > impossible. >> > Did this apply anywhere in South Africa? 19thC/20thC? >> > thanks >> > Pat >> > >> > >> > ==== SOUTH-AFRICA-CAPE-TOWN Mailing List ==== >> > South African Passenger Lists, Genealogy links, CDs and books >> > www.sagenealogy.co.za >> > >> > ============================== >> > New! Family Tree Maker 2005. Build your tree and search for your > ancestors >> > at the same time. Share your tree with family and friends. Learn more: >> > > http://landing.ancestry.com/familytreemaker/2005/tour.aspx?sourceid=14599&ta >> > rgetid=5429 >> > >> > >> > >> > >> > ==== SOUTH-AFRICA-CAPE-TOWN Mailing List ==== >> > South African Passenger Lists, Genealogy links, CDs and books >> > www.sagenealogy.co.za >> > >> > ============================== >> > Search the US Census Collection. Over 140 million records added in the >> > last 12 months. Largest online collection in the world. Learn more: >> > http://www.ancestry.com/s13965/rd.ashx >> > >> > >> > >> > -- >> > No virus found in this incoming message. >> > Checked by AVG Anti-Virus. >> > Version: 7.0.338 / Virus Database: 267.9.7/60 - Release Date: >> > 28/07/2005 >> > >> > >> >> >> ==== SOUTH-AFRICA-CAPE-TOWN Mailing List ==== >> South African Passenger Lists, Genealogy links, CDs and books >> www.sagenealogy.co.za >> >> ============================== >> Search the US Census Collection. Over 140 million records added in the >> last 12 months. Largest online collection in the world. Learn more: > http://www.ancestry.com/s13965/rd.ashx >> >> > > > ==== SOUTH-AFRICA-CAPE-TOWN Mailing List ==== > South African Passenger Lists, Genealogy links, CDs and books > www.sagenealogy.co.za > > ============================== > Search the US Census Collection. Over 140 million records added in the > last 12 months. Largest online collection in the world. Learn more: > http://www.ancestry.com/s13965/rd.ashx > > > > -- > No virus found in this incoming message. > Checked by AVG Anti-Virus. > Version: 7.0.338 / Virus Database: 267.9.7/60 - Release Date: 28/07/2005 > >