Matrimonial Proceedings (Polygamous Marriages) Act 1972

1972 CHAPTER 38

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.

[29th June 1972]

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2 Matrimonial relief and declarations as to validity in respect of polygamous marriages: Scotland.

(1) 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 .

(2) The decrees referred to in subsection (1) above are—

(a) a decree of divorce;

(b) a decree of nullity of marriage;

(d) a decree of separation;

(e) a decree of aliment;

(f) a decree of declarator that a marriage is valid or invalid;

(g) any other decree involving a determination as to the validity of a marriage;

and the reference in subsection (1) above to granting such a decree as aforesaid includes a reference to making any ancillary or incidental order which the court has power to make in proceedings for such a decree.

(3) 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 additional spouse of a party to the marriage in question; and

(b) 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.

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5 Short title, interpretation and powers of Parliament of Northern Ireland.

(1) This Act may be cited as the Matrimonial Proceedings (Polygamous Marriages) Act 1972.

(2) 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.

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footnote	commentary	related provisions	insert/omit
C1	Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62) , s. 3
F1	Ss. 1 , 4 repealed by Matrimonial Causes Act 1973 (c. 18) , s. 54(1) , Sch. 3		repealed
F2	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) )	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F3	S. 2(2) ( c ) repealed by Statute Law (Repeals) Act 1986 (c. 12) , s. 1(1) , Sch. 1 Pt. I		repealed
F4	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 )		substituted
F5	Words inserted by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3) , ss. 28(1) , 29 , Sch. 1 para. 8 ( b )		inserted
F6	S. 2(3) substituted (8.1.1996) by 1995 c. 42 , ss. 8 , 16(2) , Sch. para. 1(3) (with s. 8(1)(3) )	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F7	S. 3 repealed by S.I. 1989/677 (N.I.4) , art. 42(2) , Sch. 3		repealed
F8	Ss. 1 , 4 repealed by Matrimonial Causes Act 1973 (c. 18) , s. 54(1) , Sch. 3		repealed
F9	S. 5(3) repealed by S.I. 1978/1045 (N.I.15) , Sch. 5		repealed