General Chat

Initially it wasn't permissible to divorce someone in a mental health institution. It might be worth googling to see if or when that changed.

Edit Maggie has said 1937
Her medical records have probably been destroyed by now. If they do still exist they are likely to be 'closed'. There is nothing to stop you from trying to track them down just in case, and ask if they could be searched for any mention of a divorce, or change in NOK

Thank you all for your comments.

My relative's wife was in an institution from 1928 to 1985. He married his second wife in 1951 just after his mother died (she didnt approve of his new relationship) and not being well off, I had my doubts as to whether he went through a divorce or would have been able to legally as his first wife was alive and in the institution.

He died in 1963 before his first wife. Her son put widow put on her death certificate.

I'll probably never know the truth! thanks again

What is her status in the mental institution, and have you sent for her death certificate to see if it says anything on that.
On the death cert of one of my mob he died in Hospital, his son or wife are not on it and just a name of the person registering the death whom is unknown to me, probably a nurse or some such person.
Hope this helps.

To see whether a divorce took place you can apply for a look up for a Decree Nisi & Absolute......not a cheap option though,& will only prove that a divorce took place,no nitty gritty details! (names,dates,adresses)
The cost a look up & copy of the Decree Absolute I am told is around £60! rather a lot of money.

edited....just looked at TNA & the cost shown if applying to the address below iis now £65....

this is where to apply......
Principal Registry of the Family Division
First Avenue House
42 - 49 High Holborn
London
WC1V 6NP

also found this,but not much use if you don't know where,when or IF ! ..............

Contact the court where the divorce, dissolution or annulment took place to get a copy of a decree absolute or final order.

Find the address and phone number for the court by using the court finder.

If you know the case number, a copy of a decree absolute or final order costs £5.

If you don’t know the case number, the cost is £45.

Joan.
..................................................................

From the National Archives.........

The survival rate of divorce case files is:

1858-1927: almost 100%
1928-1937: 80%
After 1937 : less than 0.2%

It all depends on the time!!
You couldn't divorce a spouse who was in an institution prior to 1937, and before that, grounds were limited, and only the wealthy could afford to divorce.
I know my g granddad's first wife was in an asylum. He had 9 children with my g grandmother before marrying her in 1921 - his first wife died in 1920.

Oh - and on his marriage certificate, he states he's a bachelor!

edit: Useful site:

http://www.cflp.co.uk/a-brief-history-of-divorce/

Divorce records that have survived are very few and far between.

If he was honest in stating he was divorced rather than a widower or single then would think its unlikely he was committing bigamy.

If I cant find a record of divorce is it highly likely that it didnt happen?

I have a relative whose first wife was in a mental institution for 60+ years yet on his marriage cert to his second wife it states he was divorced.