Polygamy in the United Kingdom
   HOME

TheInfoList



OR:

Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of
bigamy In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
under section 11 of the
Matrimonial Causes Act 1973 The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales. Contents The act contains four parts: # Divorce, Nullity and Other Matrimonial Suits # Financial Reli ...
.


England and Wales

Bigamy is a
statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
offence in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
. It is committed by a person who, being married to another person, goes through a ceremony capable of producing a valid marriage with a third person. The offence is created by section 57 of the Offences against the Person Act 1861: This section replaced section 22 of the
Offences against the Person Act 1828 The Offences Against the Person Act 1828 (9 Geo. 4 c. 31) (also known as Lord Lansdowne's Act) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions in the law related to offences against t ...
for
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
,
James Edward Davis James Edward Davis (1817 - 1887) was called to the bar at the Middle Temple in 1842, was stipendiary magistrate at Stoke upon Trent from 1864 to 1870, was police magistrate at Sheffield from 1870 to 1874, and was a friend of Leigh Hunt. Works D ...
. The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100: Edited with Notes, Critical and Explanatory. Butterworths. 1861. Pages 276 an
277
which replaced section 1 of the Bigamy Act 1603 (1 Jac 1 c 11). This section replaces section 26 of the Act 10 Geo. 4 c. 34 for
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
. Subsequent case law has allowed exceptions for cases where the defendant believes on reasonable grounds that their first spouse is dead or that the marriage has been dissolved. Bigamy is
triable either way A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...
. A person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the
prescribed sum The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates. In Scot ...
, or to both. Relevant cases are: * ''R v Crowhurst''
979 Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...
Crim. L.R. 399 * ''R v Smith'' 1994 15 Cr App R (S) 407 * ''R v Cairns''
997 Year 997 (Roman numerals, CMXCVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Japan * 1 February: Empress Teishi gives birth to Princess Shushi - she is the first ...
1 Cr App R (S) * ''R v Bajlu Islam Khan, Karen Mary Kennedy''
004 004, 0O4, O04, OO4 may refer to: * 004, fictional British 00 Agent * 0O4, Corning Municipal Airport (California) * O04, the Oversea-Chinese Banking Corporation * Abdul Haq Wasiq, Guantanamo detainee 004 * Junkers Jumo 004 turbojet engine * Lauda Ai ...
EWCA Crim. 3316 * ''R v Trigger Alan, Mike Seed and Philip Stark'' 007EWCA 254, 0072 Cr. App. R. (s) 69 * ''R v Arthur William Ballard'' 0072 Cr. App. R. (S) 94 In 2012, the BBC reported on Muslims practicing polygamy in the UK.


Scotland

Bigamy was a
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
offence in Scotland prior to the passing of the
Marriage and Civil Partnership (Scotland) Act 2014 The Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) is an Act of the Scottish Parliament which allows same-sex couples to marry in Scotland since 16 December 2014. The bill was introduced to the Scottish Parliament on 26 June 2013 b ...
when it became a statutory offence. It is an offence for a person to enter into a marriage or civil partnership while either party knows that they, or the other party, is married to or in a civil partnership with another person. The offence is punishable with up to 2 years in prison or a fine (or both).


Northern Ireland

In
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, a person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years, or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both.The
Magistrates' Courts (Northern Ireland) Order 1981 A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cour ...
(No.1675 (N.I.26))
article 46(4)
/ref>


See also

*
Marriage in the United Kingdom Marriage in the United Kingdom has different laws and procedures in the different countries. For details see: * Marriage in England and Wales *Marriage in Northern Ireland * Marriage in Scotland History A survey in the United Kingdom in 2011 showe ...
*
Polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is ...


References

{{Polygamous marriage
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
Immigration to the United Kingdom Marriage in the United Kingdom