Archiver > SOUTH-AFRICA > 2005-07 > 1122864959

From: "Steve Hayes" <>
Subject: Re: [ZA] Desertion/divorce/
Date: Mon, 01 Aug 2005 04:55:59 +0200
In-Reply-To: <002501c595ef$f42ab890$7f4d61cb@your6ba88fde51>

On 1 Aug 2005 at 4:40, patfryk wrote:

> I think I asked this before but I am darned if I can find where or when! Bear
> with me? In England up to Divorce Act 1857, if a man deserted his wife and
> had no further contact with her and simply disappeared, he was considered to
> be dead after 7 years and she could then remarry.It was one way, a cheap way
> too of ending a rotten marriage at a time when divorce was almost impossible.
> Did this apply anywhere in South Africa? 19thC/20thC? thanks Pat


English law allows for presumption of death after a person has not been heard
from for 7 years, but the South African law of missing persons was
established by RE Beaglehole in 1908, which said that 7 years absence is not
enough on its own.

Steve Hayes
Phone: 083-342-3563 or 012-333-6727

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