Matrimonial relief: polygamous marriages, MCA 1973 s. 47
Court can grant matrimonial relief or declare validity even if party has been married to more than one. MCA 1973 s. 47 defines terms.
A court in England and Wales shall not be precluded from granting matrimonial relief or making a declaration concerning the validity of a marriage by reason only that either party to the marriage is, or has during the subsistence of the marriage been, married to more than one person . In this section “ matrimonial relief ” means— any order under Part I of this Act; a financial provision order under section 27 above; an order under section 35 above altering a maintenance agreement; an order under any provision of this Act which confers a power exercisable in connection with, or in connection with proceedings for, any such ... order as is mentioned in paragraphs (a) to (c) above; an order under Part III of the Matrimonial and Family Proceedings Act 1984; an order under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 . In this section “ a declaration concerning the validity of a marriage ” means any declaration under Part III of the Family Law Act 1986 involving a determination as to the validity of a marriage Provision may be made by rules of court— for requiring notice of proceedings brought by virtue of this section to be served on any additional spouse of a party to the marriage in question; and for conferring on any such additional spouse the right to be heard in the proceedings, in such cases as may be specified in the rules.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section removes the barrier that a court in England and Wales cannot grant matrimonial relief or make a declaration about the validity of a marriage just because one of the spouses is, or has been, married to more than one person during the marriage. It applies to both polygamous marriages and cases where a party has a prior subsisting marriage.
"Matrimonial relief" is defined to include orders under Part I of the Matrimonial Causes Act 1973 (such as divorce, nullity, judicial separation, financial provision, property adjustment), a financial provision order under section 27, an order altering a maintenance agreement under section 35, orders under Part III of the Matrimonial and Family Proceedings Act 1984, and orders under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978. It also includes orders connected with those proceedings.
"A declaration concerning the validity of a marriage" means any declaration under Part III of the Family Law Act 1986 that involves a determination as to the validity of a marriage. The section also allows rules of court to require notice to be served on any additional spouse and to give that spouse a right to be heard.
When it applies
- A woman married to a man who has a second wife in another country seeks a divorce and financial provision in England.
- A party to a polygamous marriage applies for a maintenance order under section 27.
- A spouse seeks a declaration that their marriage is valid even though the other spouse is still married to a previous partner.
- The court considers an application to alter a maintenance agreement under section 35 where one party has multiple spouses.
What this section does not say
- This section does not make polygamous marriages lawful in England and Wales; it only removes the procedural bar for granting relief.
- It does not deal with the criminal offence of bigamy.
- It does not affect the validity of a marriage under other laws, only the court's ability to make declarations about validity.
- People might wrongly believe that this section allows a polygamous marriage to be registered or recognised for immigration purposes, but it does not.
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This page reproduces the text of MCA 1973 s. 47 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.