Was he a bigamist?

[vallee]

have a couple getting married in 1840 the girl is 17 he is 22
in 1849 she remarries using his surname and says she is a widow
in 1852 he remarries and says he is a Bachelor

So were they both bigamists or could the marriage have been annulled maybe because of her age ?

Thanks

[kiterunner]

I suppose it's possible they got a divorce? Though unlikely in those days, of course. Also, was she definitely still alive when he got married again?

[Merry]

I think you need to find out if they married by banns or licence if you are to understand whether the marriage could be have annulled if consent was not given for the marriage of a minor.

Hardwicke's Marriage Act of 1753 stated that those under the age of 21 had to have parental consent if they married by licence; marriages by banns, by contrast, were valid as long as the parent of the minor did not actually forbid the banns.

[Olde Crone]

I am fairly certain that the Church would not annul a marriage on grounds of age alone, especially if the marriage had been consummated, unless there were very strong grounds for doing so, e.g. the minor was an heiress, lol.

OC

[HarrysMum]

If there was a divorce, it would have probably made the newspapers. Did they have money?

[Phoenix]

Did all the events take place in a small village or were they in different places/large city?

Before 1858, you were far more likely to lie about your status simply because divorce was impossible. A vicar could sniff out a scandal in a village, but if he didn't know the couple's background, he wouldn't forbid the banns.

There is a very sad case in Portsmouth, where the bride is just about to sign the register when she says "I am married already, but he's gone back to his first wife, so that's alright, isn't it?" The vicar disagreed and the wedding was off.

[vallee]

Thanks for all your replies not been back on as have been busy finding out more about her
Dont know if she was still alive when he married again as cannot find her after 1851 yet ???
Found on Familysearch the second Marriage it says her Maiden Name then OR and her first Marriage Surname, seems the second Husband died in 1854 she then married again in 1855 and found her in the 1851 census with a Son aged 9 same surname as the first Husband ? having trouble finding her after 1851
Really must go to bed.
The first marriage took place in Westminster second in St Bartholomews the third in Lambeth

[HarrysMum]

Divorce was certainly possible pre 1858, but you did need money. The divorce of Agatha Ariel and Edward Clark was 1845 and covered by all the papers of the day.

[Merry]

Dont know if she was still alive when he married again as cannot find her after 1851 yet ???

But if her third marriage was in 1855 then you do know she was alive after 1851 and was alive when her first husband had his second marriage in 1852.

[JessBow]

How common were the names? are you sure they are the same people- do fathers names all tally?