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Abdin (Domicile – Actually Polygamous Marriages) Bangladesh: UTIAC 10 Sep 2012

UTIAC Whilst the Private International Law (Miscellaneous Provisions) Act 1995 amended section 11(d) of the Matrimonial Causes Act 1973 so that a potentially polygamous marriage would not be void if either party was at the time of the marriage domiciled in England and Wales, it did not alter the position regarding actually polygamous marriages. Under … Continue reading Abdin (Domicile – Actually Polygamous Marriages) Bangladesh: UTIAC 10 Sep 2012

Hussain v Hussain: CA 1983

A marriage celebrated outside England under a system of law permitting polygamy is not to be regarded as polygamous for the purpose of s.11(d) (or presumably for other purposes) if neither spouse had capacity to enter into a second marriage, such capacity being determined by the law of the domicile of the spouse in question … Continue reading Hussain v Hussain: CA 1983

Bala and Others, Regina v: CACD 10 May 2016

The court was asked whether parties to a polygamous marriage recognised in Nigeria could be exempt thereby from a charge as co-conspirators because of s2 of the 1977 Act. The judge had held the marriage invalid after finding that the defendant was domiciled in the UK. Held: The appeal failed. The word ‘spouse’ in the … Continue reading Bala and Others, Regina v: CACD 10 May 2016