S. was married to M. in 1838, who in 1841 deserted her. In 1854 S. went through a ceremony of marriage with W. without taking any sufficient means to ascertain whether M. was still alive. In 1875 W. discovered for the first time that there had been a prior marriage with M., and on inquiry found without any difficulty that he was still living. Prior to this, by arrangement between W. and S., the sum of pounds 65 had been deposited with two persons as trustees for behoof of S. in liferent and her two children by W. in fee. In a competition between S. and W. as to this money, held (1) that in point of fact the money was part of the proceeds of S.’s own industry; and (2) that in the peculiar circumstances of the case she was entitled to have it paid to her.
Question-Whether where a marriage was a nullity from bigamy, the guilty wife forfeits all her rights in favour of the innocent husband, and whether the jus mariti operates as in the case of a lawful husband?
Where a party had married a second time while her first husband was still alive, by arrangement between the parties, a sum was conveyed to trustees for behoof of the wife and the children by that marriage. Upon its subsequently being ascertained by the second husband that his marriage was null, a dispute arose as to the right to the sum in question. Held that as judging from the pleadings it was possible that in the result it might be held that the fund in question belonged to the wife irrespective of whether there was a marriage or not, the action was not incompetently brought in the Sheriff Court.
Citations:
[1880] UKHL 293, 17 SLR 293
Links:
Jurisdiction:
England and Wales
Family
Updated: 17 June 2022; Ref: scu.635625