Kemble sat in a large oak carved armchair and pulled out a portfolio, but didn’t yet open it. He said, “I will not pretend that this is a simple matter, but where complications exist, it means that opportunities also exist. The law loves specificity, and I believe that any victory we have will come from exploiting the very particular situation we have here.”
From those few words, Niall could sense the man’s intelligence. Not witty in the way that social climbers are witty, desperate to impress with a bon mot. Kemble’s intelligence was slow and steady, built up from observation and careful thought.
“Well, I hope you are not wasting your time. I think that the first question which must be answered is…how married am I?”
Kemble eyebrow raised. “It’s not a matter of degree. You either are or you aren’t. And since you’ve both described a wedding ceremony at Gretna Green, which was conducted by a resident who made a record of it…you’re married.”
“Damn. You’re sure there’s no way out?”
“As you are no doubt aware, there are points of contention. Even though you married in Scotland, Heather Hayes is English, and her guardian could bring a case against you alleging that his ward is underage as an Englishwoman, even though she is of age if she were Scottish.”
“But that doesn’t matter, does it?” Niall asked. “The marriage happened on Scottish soil. I could marry a girl from China as long as she was of age.”
“That is the counter-argument, and you may be sure that the battle over the outcome would require many attorneys and cost thousands upon thousands of pounds to settle. Not to mention the years of indecision before any conclusion could be reached.”
“But what does the law actually say? It must saysomething.”
“That’s what I’m trying to tell you,” Kemble said patiently. “The law is not a single, complete, perfect document. It’s a body of cases, its statutes established over time. It’s also common law developed over centuries of disputes and resolutions. The law is not absolute, it is interpreted by men…and the final interpretation is not at all certain.”
Niall sighed. “So what do you recommend? What are grounds for annulment? There must be something.”
“Yes, indeed. Non-consummation—”
“Aha! I knew it!”
Kemble held up a warning hand. “Non-consummation due to impotence, with impotence being proven after husband and wife share a bed for three years with no evidence of intercourse and the wife and husband’s public statements that no sexual congress took place.”
“Threeyears?” He couldn’t imagine sharing a bed with Heather for threenightswithout a significant amount of congress.
“In some cases, a man has been able to prove impotence by demonstrating failure to, ahem, perform. Two reliable male witnesses must corroborate that they observed the attempt. Unsurprisingly, it is not a common defense.”
Niall could see why. Only by humiliating himself could a man make himself eligible for the annulment. Virtually every man in the world would prefer to remain married, no matter what difficulties came with it. And how would it look for alairdto do so? It would reflect badly on the whole clan.
There had to be another way.
“Was it avalidmarriage though?” Niall asked. “According to English law, Heather is a minor, and her uncle definitely did not give permission.”
“I doubt any court would make much of the lady’s so-called minority. Her birthday is weeks away, not years. And she entered into the marriage quite willingly. She was not dragged to the altar. And she continued to stay here in Carregness afterward, suggesting that she is content with the situation.”
“I wouldn’t go that far. She would prefer not to be shackled to me.”
“Is that so?”
“Wasn’t it obvious how angry she was earlier? She hates me for tricking her into marriage.”
“But it was no trick,” Kemble said. “According to both you and Heather, it was an arrangement agreed to by both parties.”
“Only because she thought it would last a short time. Even I believed that it could be annulled without much hassle. Or even declared invalid. Is there nothing else?” Niall asked.
“All that is left is divorce. Which is messier, brutally public, and makes it near impossible for either party to marry again.”
“Heather may still wish for it.”
Kemble looked out the window as he said, “The most common reason for divorce is the wife’s adultery. Which would require evidence, usually the testimony of the man who…”
“There is no such man!”
“Not yet. You’d have to arrange it.”
