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Polygamy in the United Kingdom

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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.

Contents

Polygamous marriages legally performed in another country where the law allows it are legally recognised for the purposes of welfare benefits, but not for pension, immigration or citizenship purposes. It is unofficially believed that there are up to 20,000 polygamous marriages in the Muslim community of the U.K. There are also social media platform for polyagamous match-making such as SecondWife.

England and Wales

Bigamy is a statutory offence in England and Wales. 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 for England and Wales, which replaced section 1 of 1 Jac 1 c 11 (1603). This section replaces section 26 of the Act 10 Geo. 4 c. 34 for Northern Ireland.

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 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, or to both.

Relevant cases are:

  • R v Crowhurst [1979] Crim. L.R. 399
  • R v Smith 1994 15 Cr App R (S) 407
  • R v Cairns [1997] 1 Cr App R (S)
  • R v Bajlu Islam Khan, Karen Mary Kennedy [2004] EWCA Crim. 3316
  • R v Trigger Alan, Mike Seed and Philip Stark [2007] EWCA 254, [2007] 2 Cr. App. R. (s) 69
  • R v Arthur William Ballard [2007] 2 Cr. App. R. (S) 94
  • Scotland

    Bigamy is an offence under the law of Scotland.

    Northern Ireland

    In Northern Ireland, 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.

    References

    Polygamy in the United Kingdom Wikipedia