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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]

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]

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]

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