Legal Status: divorcee whose former spouse has died? 17 November 2021 at 9:40AM in Marriage, relationships & families 12 replies 793 views

Dewpoint

Can anyone shed some light on the legal status of someone who was formerly divorced but whose former spouse has died?

Are they still considered "divorced" or are they now "single"?

Thanks

TonyMMM

The death makes no difference - they can describe themselves however they wish. There is no legal restriction.

BrassicWoman

I can't think of a situation in which it would matter. Can you?

Alter_ego

BrassicWoman said:

I can't think of a situation in which it would matter. Can you?

Register office marriage

MalMonroe

Alter_ego said:

BrassicWoman said:

I can't think of a situation in which it would matter. Can you?

Register office marriage

That's still a marriage. Why would the venue make it matter?

MalMonroe

I'm divorced and if my ex had died I'd still call myself divorced. Or single. I sometimes say I'm single, sometimes divorced. Both are true and both are legal since I don't have a partner and I haven't remarried. 

Teapot55

Fairly sure that on the (new) marriage certificate it says ‘previous marriage dissolved’. 

Alter_ego

MalMonroe said:

Alter_ego said:

BrassicWoman said:

I can't think of a situation in which it would matter. Can you?

Register office marriage

That's still a marriage. Why would the venue make it matter?

Simply because I had to declare one or the other for my reg office wedding. I haven't had any other experience of marriage. Perhaps you have?

theoretica

I would go for divorced - because at that point they ceased to be relevant to your status and their later death doesn't affect you.

eg https://www.gettyimages.co.uk/detail/news-photo/photograph-of-a-copy-of-the-marriage-certificate-of-prince-news-photo/112497215

JGB1955

It's 'previous marriage dissolved'.

TBagpuss

As others have said, previous marriage dissolved. You'll need to provide proof (copy of your decree absolute)