The Law Commission: Report on Polygamous Marriages
| Date | 01 May 1971 |
| Published date | 01 May 1971 |
| DOI | http://doi.org/10.1111/j.1468-2230.1971.tb02329.x |
| Author | T. C. Hartley |
REPORTS
OF
COMMITTEES
THE
LAW
CObfMISSION
:
REPORT
ON
POLYGAMOUS
MARRIAGES
THE
main recommendation of this report
is
that polygamous mar-
riages should be recognised in England
for
virtually every purpose.
Since they are already recognised
for
most purposes the Law Com-
mission
felt
that all that was necessary was to make provision for
matrimonial relief, declarations and &a1 security. The Commis-
sion therefore proposes that legislation be passed
to
allow the court
to grant matrimonial relief
to
the parties
to
a
polygamous marriage
and
to
allow declarations
to
be made
as
to t,he validity of such
a
marriage and the legitimacy
of
the children. The recommendations
concerning matrimonial relief cover divorce, presumption
of
death
and dissolution of marriage,4 judicial separation, nullity and
mdntenan~e.~
The majority of the Commission did not limit their
proposals
to
marriages which are merely potentially polygamous but would apply
them also to marriages in which there are actually two
or
more
wives6 One of the Commissioners,
Mr.
Neil Lawson Q.C.,
dis-
sented on this point and considered that aotually polygamous
marriages should not be recognised
for
bhe purposes of divorce,
judicial separation, nullity and, in relation
to
certain grounds,
maintenance. The arguments of the majority seem, however,
to
be more convincing.
The Commission
also
considered that polygamous marriages
should be recognised for the purposes
of
social security benefits-
under the present law' this is the case only if the marriage has at
all times been
de
facto
monogamous-but since difficulties might
arise with regard to certain kinds of benefit when the marriage
is
actually polygamous at the time when the benefit is claimed, they
decided that the Secretary of State for Social Services should con-
sider the question separately with regard
to
each kind
of
benefit.
1
H.C.
227/1971; Law Com.
No.
42.
2
A draft Bill
is
set out in the
Report.
8
Under the Matrimonial
Causes
Aot
1965,
8.
39, or under
R.S.C.,
Oct.
15,
r.
16.
4
Matrimonial Causes Act 1965,
s.
14.
5
This covers an application
to
the High
Court
or
a
county court
for
maintenance
on
the ground of wilful negleot to maintain and an application for
a
main-
tenance, separation or custody order
in
a
magistrates' court
on
any
ground
set out in
the
M,atrimonial Proceedings (Magistrates' Courts) Act 1960,
8.
1.
It also covers an application
to
the court for an order
for
the variation
of
a
maintenance agreement under the Matrimonial Proceedings and Property Act
1970,
8s.
13 to
15.
II
The Commission proposed that in this case the
court
should have power
to
direct service
on
any other spouse who is
not
already
a
party;
that
spouse
would also be entitled
to
apply
for
leave to intervene.
7
The
National Insuram Act
1965,
8.
113
(1);
the
National Insurance (Indus-
trial Injuriea) Act
1965,
8.
86
(5); and the Family Allowances Act 1865,
8.
17
(9).
VOL.
34
805
11
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