Recognition of Polygamous Marriages under the English Law

Abstract

This paper talks about the recognition of polygamous marriages under the English Law with special reference to England. It gives us an insight into the concept and nature of a monogamous marriage, it defines and distinguishes the polygamous type of marriage from monogamy, thereby making it clear to us that the concept of marriage is not uniform in all legal systems. It provides the solution to the three key questions that are usually raised by Lead Text Writers in this area of Private International Law which are : What law determines the nature of a marriage? Is the nature of a marriage to be determined in the light of the facts existing at its inception or at the time when its nature is questioned in legal proceedings? What recognition will be extended by an English Court to a marriage that is found to be actually or potentially polygamous?  The position in England on the status of children of a polygamous marriage and Succession by widows of a potentially polygamous marriage to their deceased husbands’ properties were also discussed in broad details.

This paper agrees that the lex loci celebrationis should govern the status of a marriage, but suggests that the lex domicili and lex loci celebrationis of the parties to every marriage contract should be the same, and tells us why the idea is very workable.

Keywords: Marriage, polygamous marriages, monogamous marriage, lex loci celebrationis, lex domicili, parties, spouses, legitimacy of children, succession, widows, legitimacy.