Enoch Arden law

The Enoch Arden law, also known as the Enoch Arden doctrine or Enoch Arden statute, is a legal doctrine that addresses situations where a spouse remarries after their original partner has been absent for an extended period and is presumed dead. ^{[1] [2]}

The doctrine is named after the titular character in Alfred, Lord Tennyson's 1864 poem Enoch Arden , which tells the story of a sailor who returns home after years of absence to find his wife remarried. ^[3]

Legal principles

Under common law, a marriage by a person already legally married was considered void, regardless of the circumstances. ^[4] The Enoch Arden doctrine modifies this strict rule by introducing a presumption of death and allowing remarriage after a certain period of unexplained absence, typically seven years in most jurisdictions. ^[2] The doctrine was developed to address the harsh consequences of traditional laws that considered remarriage in such circumstances as bigamy, potentially subjecting the remarrying spouse to criminal prosecution. ^[1]

Application and variation

The application of the Enoch Arden law varies by jurisdiction. Some states will grant a divorce to the remaining spouse after a specified period of absence. Others provide a legal exemption from bigamy charges if the remarriage occurs after the statutory period, or establish a presumption of death for the absent spouse, allowing the remaining spouse to remarry without legal consequences. ^{[2] [4]}

References

1. "Enoch Arden Doctrine". Encyclopedia.com. Retrieved 2024-12-21.
2. "Enoch Arden doctrine definition". LSData. Retrieved 2024-12-21.
3. "Enoch Arden doctrine". Cornell University Law School. Retrieved 9 July 2012.
4. "The 'Enoch Arden' And Related Problems" (PDF). Ohio State Law Journal. 21 (1): 97–100. 1960. Retrieved December 20, 2024.