Regency Marriages and Annulments

Despite what you’ve no doubt read in many historical novels, annulments in Regency England were not easy to obtain.

The old fictitious “we can get our marriage annulled if we don’t consummate it” did not apply in Regency England, nor to my knowledge, at any time in England. Annulments were never easy, quick or painless. Marriages that could be annulled were invalid from the beginning; when either person was already married, when one was under the permitted age, when a minor married by license without proper permission (this included any illegitimate child marrying by license without permission from a guardian appointed by chancery court), or if a person was insane or so feebleminded s/he did not know what she was doing. Then there were annulments granted because of errors in names when people married by banns, because the couple was within prohibited degrees of relationships (i.e. consanguinity), and when one of the couple was impotent (but this have to be proven by a medical examination). A marriage could also be annulled if one party was incapable of sexual intercourse, or absolutely refused to consummate. The absolute refusal was considered the same as impotency, especially that when the person refused to state the reason(s) why.

All questions of validity of marriages were handled by the church courts in England.

Marriages were either valid, void, or voidable. A void marriage is a marriage that never was or had claim to validity. If someone has a spouse living and marries another without obtaining a divorce, the second marriage is void. If a minor married by license without permission, the marriage was void by the Hardwick act. Most void able marriages were marriages between persons within the prohibited decree of affinity and consanguinity. These had to be challenged while the couple was alive. Voidable marriages could not be voided after death of one of the couple.

If a woman’s marriage was annulled, she was reduced from wife to concubine, and her children were illegitimate. Nice, huh? The one time husband was not required to support her or pay her alimony as he had to do if they were separated or had a parliamentary divorce. Despite this, sometimes the wife was the one who instituted the suit in order to be free of the marriage. I asssume the marriage had to be pretty bad to be willing to be reduced to a concubine!

However, if neither sued for annulment, the marriage was valid. Again, consummation was not a requirement.

In my book, the Stranger She Married, the hero hinted that they could have their marriage annulled if she was truly unhappy. The reason for this is because his face was hidden from her and which might have been considered a kind of deception. I found historical precident for it, but I don't know if it really would have worked. Still, since they didn't use it, it didn't really matter. ;-)

The London Season

The Season Season grew from the need for titled lords to attend Session of the House of Lords, which coincided with Parliament since it is the upper house. Often the men came alone, but many probably preferred to bring their families, who needed entertainment, and thus the season came into being.

Parliament comprises the Sovereign, the House of Commons (which is the lower house of Parliament and referred to as "the Commons"), and the Lords. Membership of the House of Lords was once a right of birth to hereditary peers. Each titled man was expected to serve in the House of the Lords. They typically met in October, November, December and then again in January through about April or so. There was really no set schedule, as far as I can see although the Queen held her birthday ball in January.

Since London was an undesirable place to live year-round, many would not come to London from their country houses until after Easter when the weather was
better. The London Season was generally from after Easter to June or July after which most of those who could would return to their country estates. Some people lived in London all year round, except for brief visits to other houses. Later under Queen Victoria, the season became more definite and the whole debutante thing was formalized.

During the Regency Era, the Season usually included lavish balls, parties, dinners, musicales. London also offered many other attractions; the zoo, many parks, museums, shopping, and other entertainment. The Season grew into an important part of meeting and marrying eligible gentlemen and ladies.

The season became a much bigger production after the Regency Era and really came into prominence in the late Nineteenth century, or the Victorian days. Still, the season figures prominently in many Regency-set novels, including mine!

Of Myths and Men

There are a number of myths that crop up in Regency Romance novels that drive me crazy. Mind you, until I became a Regency Research Geek, I was just a reader who didn’t know any better, although I sometimes noticed inconsistencies between stories, but not enough to bother me. Nor did I appreciate how much work it is to do that much research. But now that I've embraced the craze, I do know better. And I think all authors owe it to their readers to do their research. When I began researching the Regency Era for The Stranger She Married,a historical romance that just wouldn't go away no matter how much I dreaded taking the research plunge, I realized what a huge undertaking it was going to be. And I also learned that there are a number of "truths" which are, in fact, false.

I don’t know who started these odd beliefs not based on any fact, unless people are confusing Scottish laws/customs with English, but in Regency England, many of the favorite themes that a reader finds in a Regency Romance novel never happened, could never happen, would never happen. Here are a few of the most common mistakes and misconceptions:

Myth: illegitimate sons could become a lord.
1. No illegitimate son could ever inherit a title of a lord; he (or anyone) could inherit property or money if called out in a will, but never the title or entailed property. Also, a man who had just inherited a title had to prove his parents were married at the time of his birth. He would not be legally recognized as a peer, or sit in the House of the Lords, until his birth was proven unquestionably legitimate and the House of the Lords had summoned him. If there were no legitimate heir, however distant, the title died out or went dormant. It did not go to an illegitimate son. Ever.

Myth: an illegitimate son could be made legitimized and therefore inherit a title.
2. No illegitimate son could ever be legitimized. I don’t care who he was or who his parents were; if his parents were not married at the time of his birth, he/she was considered a bastard. (Notice, I did not say they had to be married when he was conceived – just at the time of his birth.)

Myth: children could inherit land or title from their mother's side of the family.
3. In England, unlike some cases in Scotland, no one could inherit entailed property or a title from their mother’s side of the family. Again, wills were a different story.

Myth: an unwanted marriage could be annulled as long as it wasn't consummated.
4. Failing to consummate a marriage never left it open to be neatly annulled. Having a marriage annulled, for whatever reason, was as messy, difficult and scandalous as getting a divorce. I cringe when I read plots in Regency Romance Novels where the hero and heroine get married to help one of them out of a tight spot with the understanding that as long as they don’t consummate the marriage, they can just annul it quietly. Marriage was considered a permanent arrangement -- not a convenient quick-fix.

Myth: weddings were lavish; with many bridesmaids, a kiss, a ring exchange and a huge reception.
5. These are fairly modern traditions. In Regency England, weddings did not include bridesmaids in matching gowns carrying bouquets and marching down the line in front of the bride, a ring exchange, and a kiss. The typical wedding was a lot like a church service, with an additional ceremony where the bride and groom would take their vows. Afterward, the bride and groom signed the registry, and then they were legally married. Usually, they went to the wedding breakfast -- as all weddings,by law, had to take place in the morning -- but never to a reception.

Authors have a duty to do our historical research so that the stories are as real as possible. Yes, we write fiction, which is why the heroes are usually tall and hunky, and we fail to mention how BAD most peoples’ body and dental hygiene were, or the state of the open sewage, but the back drop of any historical novel should be researched enough to create a believable historical feel. After all, why read a historical novel if the author has only written a fantasy? If authors want to duck out of research, they should write fantasy novels!

That being said, it’s not possible to get every single fact perfect. However, big things should be done right. And readers trust the author to get it right while providing a lovely, happily-ever-after that transports them into a glittering new world. Hmmm. That sounds a little like fantasy after all, huh?

So, gentle reader, the next time you pick up a historical novel, send good thoughts to the author who probably labored over the research to provide you with a window into the past...mingled with a healthy dose of creativity.