Matrimonial Proceedings (Polygamous Marriages) Act 1972

1Matrimonial relief and declarations of validity in respect of polygamous marriages: England and Wales.

(1)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.

(2)In this section " matrimonial relief " means—

(a)a decree of divorce, nullity of marriage or judicial separation;

(b)a decree under section 14 of the [1965 c. 72.] Matrimonial Causes Act 1965 (presumption of death and dissolution of marriage);

(c)an order under section 6 of the [1970 c. 45.] Matrimonial Proceedings and Property Act 1970 (wilful neglect to maintain);

(d)an order under section 14 of the said Act of 1970 (alteration of maintenance agreements);

(e)an order under any provision of the said Acts of 1965 and 1970 or the [1969 c. 55.] 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;

(f)an order under the [1960 c. 48.] Matrimonial Proceedings (Magistrates' Courts) Act 1960.

(3)In this section " a declaration concerning the validity of a marriage " means—

(a)a declaration that a marriage is valid or invalid; and

(b)any other declaration involving a determination as to the validity of a marriage,

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.

(4)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—

(a)for requiring notice of proceedings brought by virtue of this section to be served on any such other spouse; and

(b)for conferring on any such other spouse the right to be heard in any such proceedings,

in such cases as may be specified in the rules.