Can I Marry My Brother’s Wife?

Wedding Rings

‘Can I Marry My Brother’s Wife?’ How an episode of Midsomer Murders prompted Timms Leonnie Watson to write a blog….

I was watching an old episode of Midsomer Murders where a widow married her deceased husband’s brother within 6 months of him dying – so a bit on the quick side but no longer illegal. But it was illegal for many years. The relationship between in-laws was seen as close as blood relatives in the eyes of God.

I came across a sad story from the 1800’s about Jane and Edward. Jane’s first husband, Richard, died suddenly leaving her and her children facing homelessness and starvation. Richard had been the only breadwinner and in those days there were no benefits to help out a widowed mother. Richard’s brother, Edward, wanted to help and moved in with Mary and her children to look after them. Love blossomed between Edward and Mary and Edward was determined to marry Mary. He was refused by 2 registrar’s because it would be a prohibited marriage. So Edward went to a registrar out of town and failed to tell them that Jane was his brother’s widow. He was found out before the marriage took place and after pleading guilty, even though the judge and prosecution were sympathetic, he was still sentenced to prison. This wasn’t an unusual situation but many never got found out.

So, When Did The Law Change?

The first change, in 1907, only allowed a man to marry his dead wife’s sister. This was to help families where the wife had died at childbirth and it made sense for her sister to step in and look after the family. But that still meant that Edward could not have married Jane. It wasn’t until after the first Word War, in 1921, that a further change came because so many men were dying during the war, leaving many widows and children struggling to survive. Allowing them to marry the dead husband’s brother helped solve the problem.

What Happened To Edward And Jane?

When Edward came out of prison he did go back to live with Jane and the children but it doesn’t appear that they ever married and sadly both died before the changes in law.

Can I Marry My Brother’s Wife? New Changes To Marriage Law?

The most recent change is the system of registering a marriage as we moved away from a paper-based system to an electronic register from 4th May 2021. Along with this, the bride and groom’s mother’s details are now also to be included in registration, not just the father’s details. This brings the marriage certificate into the 21st century and a mother, who may have raised their son or daughter as a single parent, is no longer overlooked.