Matrimonial Proceedings (Polygamous Marriages) Act 1972
Ss. 1, 4 repealed by Matrimonial Causes Act 1973 (c. 18), s. 54(1), Sch. 3 Words in s. 2(1) substituted (8.1.1996) by 1995 c. 42, ss. 8, 16(2), Sch. para. 1(2) (with s. 8(1)(3)) S. 2(2)(c) repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I S. 2(2)(d) and (e) substituted by virtue of Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1), 29, Sch. 1 para. 8(a) Words inserted by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1), 29, Sch. 1 para. 8(b) S. 2(3) substituted (8.1.1996) by 1995 c. 42, ss. 8, 16(2), Sch. para. 1(3) (with s. 8(1)(3)) S. 3 repealed by S.I. 1989/677 (N.I.4), art. 42(2), Sch. 3 Ss. 1, 4 repealed by Matrimonial Causes Act 1973 (c. 18), s. 54(1), Sch. 3 S. 5(3) repealed by S.I. 1978/1045 (N.I.15), Sch. 5 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3 An Act to enable matrimonial relief to be granted, and declarations concerning the validity of a marriage to be made, notwithstanding that the marriage in question was entered into under a law which permits polygamy, and to make a consequential amendment in the Nullity of Marriage Act 1971.
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 the marriage in question was entered into under a law which permits polygamy.
In this section " matrimonial relief " means—
a decree of divorce, nullity of marriage or judicial separation;
a decree under section 14 of the Matrimonial Causes Act 1965 (presumption of death and dissolution of marriage);
an order under section 6 of the Matrimonial Proceedings and Property Act 1970 (wilful neglect to maintain);
an order under section 14 of the said Act of 1970 (alteration of maintenance agreements);
an order under any provision of the said Acts of 1965 and 1970 or the Divorce Reform Act 1969 which confers a power exercisable in connection with, or in connection with proceedings for, any such decree or order as is mentioned in the foregoing paragraphs;
an order under the Matrimonial Proceedings (Magistrates' Courts) Act 1960.
In this section " a declaration concerning the validity of a marriage " means— being a declaration in a decree granted under section 39 of the said Act of 1965 or a declaration made in proceedings brought by virtue of rules of court relating to declaratory judgments.
a declaration that a marriage is valid or invalid; and
any other declaration involving a determination as to the validity of a marriage,
This section has effect whether or not either party to the marriage in question has for the time being any spouse additional to the other party; and provision may be made by rules of court— in such cases as may be specified in the rules.
for requiring notice of proceedings brought by virtue of this section to be served on any such other spouse; and
for conferring on any such other spouse the right to be heard in any such proceedings,
A court in Scotland shall not be precluded from entertaining proceedings for, or granting, any such decree as is mentioned in subsection (2) below 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.
The decrees referred to in subsection (1) above are— and the reference in subsection (1) above to granting such a decree as aforesaid includes a reference to making any ancillary or incidentalorder which the court has power to make in proceedings for such a decree.
a decree of divorce;
a decree of nullity of marriage;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a decree of separation;
a decree of aliment;
a decree of declarator that a marriage is valid or invalid;
any other decree involving a determination as to the validity of a marriage;
Provision may be made by rules of court— in such cases as may be specified in the rules.
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,
A court in Northern Ireland shall not be precluded from granting matrimonial relief or making a declaration concerning the validity of a marriage by reason only that the marriage in question was entered into under a law which permits polygamy.
In this section " matrimonial relief " means—
a decree of divorce, nullity of marriage or judicial separation;
a decree under section 12 of the Matrimonial Causes Act (Northern Ireland) 1939 (dissolution of marriage on presumption of death);
an order under section 4 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1951 (wilful neglect to maintain);
an order made under any provision of the said Act of 1939, or under section 4 of the said Act of 1951, which confers a power exercisable in connection with, or in connection with any proceedings for, any such decree or order as is mentioned in the foregoing paragraphs;
an order under the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945.
In this section " a declaration concerning the validity of a marriage " means— being a declaration in a decree granted under the Legitimacy Declaration Act (Ireland) 1868 or a declaration made in proceedings brought by virtue of rules of court relating to declaratory judgments.
a declaration that a marriage is valid or invalid; and
any other declaration involving a determination as to the validity of a marriage,
This section has effect whether or not either party to the marriage in question has for the time being any spouse additional to the other party; and provision may be made by rules of court— in such cases as may be specified in the rules.
for requiring notice of proceedings brought by virtue of this section to be served on any such other spouse; and
for conferring on any such other spouse the right to be heard in any such proceedings,
This Act may be cited as the Matrimonial Proceedings (Polygamous Marriages) Act 1972.
References in this Act to any enactment shall be construed as references to that enactment as amended, and as including references thereto as extended or applied, by any subsequent enactment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 1, 4 repealed by Matrimonial Causes Act 1973 (c. 18), s. 54(1), Sch. 3 Words in s. 2(1) substituted (8.1.1996) by 1995 c. 42, ss. 8, 16(2), Sch. para. 1(2) (with s. 8(1)(3)) S. 2(2)(c) repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I S. 2(2)(d) and (e) substituted by virtue of Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1), 29, Sch. 1 para. 8(a) Words inserted by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1), 29, Sch. 1 para. 8(b) S. 2(3) substituted (8.1.1996) by 1995 c. 42, ss. 8, 16(2), Sch. para. 1(3) (with s. 8(1)(3)) S. 3 repealed by S.I. 1989/677 (N.I.4), art. 42(2), Sch. 3 Ss. 1, 4 repealed by Matrimonial Causes Act 1973 (c. 18), s. 54(1), Sch. 3 S. 5(3) repealed by S.I. 1978/1045 (N.I.15), Sch. 5 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3 An Act to enable matrimonial relief to be granted, and declarations concerning the validity of a marriage to be made, notwithstanding that the marriage in question was entered into under a law which permits polygamy, and to make a consequential amendment in the Nullity of Marriage Act 1971.
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 the marriage in question was entered into under a law which permits polygamy.
In this section " matrimonial relief " means—
a decree of divorce, nullity of marriage or judicial separation;
a decree under section 14 of the Matrimonial Causes Act 1965 (presumption of death and dissolution of marriage);
an order under section 6 of the Matrimonial Proceedings and Property Act 1970 (wilful neglect to maintain);
an order under section 14 of the said Act of 1970 (alteration of maintenance agreements);
an order under any provision of the said Acts of 1965 and 1970 or the Divorce Reform Act 1969 which confers a power exercisable in connection with, or in connection with proceedings for, any such decree or order as is mentioned in the foregoing paragraphs;
an order under the Matrimonial Proceedings (Magistrates' Courts) Act 1960.
In this section " a declaration concerning the validity of a marriage " means— being a declaration in a decree granted under section 39 of the said Act of 1965 or a declaration made in proceedings brought by virtue of rules of court relating to declaratory judgments.
a declaration that a marriage is valid or invalid; and
any other declaration involving a determination as to the validity of a marriage,
This section has effect whether or not either party to the marriage in question has for the time being any spouse additional to the other party; and provision may be made by rules of court— in such cases as may be specified in the rules.
for requiring notice of proceedings brought by virtue of this section to be served on any such other spouse; and
for conferring on any such other spouse the right to be heard in any such proceedings,
A court in Scotland shall not be precluded from entertaining proceedings for, or granting, any such decree as is mentioned in subsection (2) below 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.
The decrees referred to in subsection (1) above are— and the reference in subsection (1) above to granting such a decree as aforesaid includes a reference to making any ancillary or incidentalorder which the court has power to make in proceedings for such a decree.
a decree of divorce;
a decree of nullity of marriage;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a decree of separation;
a decree of aliment;
a decree of declarator that a marriage is valid or invalid;
any other decree involving a determination as to the validity of a marriage;
Provision may be made by rules of court— in such cases as may be specified in the rules.
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,
A court in Northern Ireland shall not be precluded from granting matrimonial relief or making a declaration concerning the validity of a marriage by reason only that the marriage in question was entered into under a law which permits polygamy.
In this section " matrimonial relief " means—
a decree of divorce, nullity of marriage or judicial separation;
a decree under section 12 of the Matrimonial Causes Act (Northern Ireland) 1939 (dissolution of marriage on presumption of death);
an order under section 4 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1951 (wilful neglect to maintain);
an order made under any provision of the said Act of 1939, or under section 4 of the said Act of 1951, which confers a power exercisable in connection with, or in connection with any proceedings for, any such decree or order as is mentioned in the foregoing paragraphs;
an order under the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945.
In this section " a declaration concerning the validity of a marriage " means— being a declaration in a decree granted under the Legitimacy Declaration Act (Ireland) 1868 or a declaration made in proceedings brought by virtue of rules of court relating to declaratory judgments.
a declaration that a marriage is valid or invalid; and
any other declaration involving a determination as to the validity of a marriage,
This section has effect whether or not either party to the marriage in question has for the time being any spouse additional to the other party; and provision may be made by rules of court— in such cases as may be specified in the rules.
for requiring notice of proceedings brought by virtue of this section to be served on any such other spouse; and
for conferring on any such other spouse the right to be heard in any such proceedings,
This Act may be cited as the Matrimonial Proceedings (Polygamous Marriages) Act 1972.
References in this Act to any enactment shall be construed as references to that enactment as amended, and as including references thereto as extended or applied, by any subsequent enactment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .