In some African countries, polygamy is illegal under civil law, but still permitted under common law, where actions traditionally accepted by a particular culture are considered legal. This arguably confusing loophole leads to two types of marriages: „civil” marriages and „habitual” or „religious” marriages, and allows countries like Liberia, Malawi, and Sierra Leone to allow and even support polygamous marriages without formally recognizing them. Group marriage is an umbrella term for marriages involving multiple husbands as well as multiple wives. Polyamory is the practice of having multiple romantic relationships, with all parties having complete knowledge and giving full consent. Not related to marriage. Polygeny is the (outdated) theory that the different races of humanity evolved from different ancestral groups. This term has nothing to do with polygamy, but is sometimes confused with „polygyny”, so it is included here for clarity. The illegality of plural marriages was enshrined in law in England in 1604, allowing victims of double marriage, church or state, and other interested parties to assert legal rights that could face sanctions such as fine, imprisonment, transportation or even execution. Subsequent legislation allowed exceptions, for example, if the polygamist sincerely believed that his previous marriage had been dissolved, or if he had been abandoned for more than seven years, with uncertainty as to whether his spouse was still alive. As such, each Buddhist country has its own position on polygamy. For example, Thailand legalized polygamy in 1955, while Myanmar banned polygamy in 2015. The legal status of polygamy varies from country to country, with each country prohibiting, accepting or promoting polygamy. In countries that accept or promote polygamy, polygamy is the most common.
In countries where only monogamous marriages are legally valid, de facto polygamy is generally permitted, as long as adultery is not illegal. In areas like these, where polygamy is prohibited but tolerated, there is no legal recognition for the other spouses after the first. If the marriage is valid, the ECO must check whether the spouse is eligible under the UK eligibility rules (paragraphs 277 to 281). For the purposes of applying the polygamous spouse rules, it is not the order in which polygamous spouses marry that is decisive, but the order in which they travel to the United Kingdom. This subgroup of Christianity is known for its historically atypical attitude toward polygamy. In the United States, The Church of Jesus Christ of Latter-day Saints, based in Utah, practiced polygamy from 1847 to 1890, which it called „plural marriage.” Successive governments have had a policy of preventing the formation of polygamous households in the United Kingdom. A UK resident cannot apply to a non-EEA citizen for permission to enter or stay in the UK as a spouse if another person has already received such permission and the marriage has not been dissolved. However, it is possible that all parties to a polygamous marriage are legally present in the UK. For example, a second spouse may be eligible to enter the UK under a different immigration category.
If the first wife does not agree, the husband cannot marry other women as long as he is married to her. Polygamy is the general and neutral term for any marriage between three or more people. Polygyny is a specific term used to describe a marriage involving a husband and at least two wives. It is by far the most common (and common) form of polygamy. Polyandry is a specific term used to describe marriages between a woman and at least two husbands. However, if a polygamous marriage is not valid under UK law, spouses who wish to formally terminate a marriage cannot obtain a divorce under UK law. As a result, those who leave a disabled polygamous marriage are treated, in the eyes of the law, as if they had lived with their spouse, which can make them vulnerable in terms of dividing family property – such as income, assets, pensions, investments and savings – and eliminate potential claims for spousal support. There are other implications for people living in polygamous marriages, in terms of social security benefits, pension rights and inheritances. Under the Matrimonial Causes Act 1973, it is illegal for anyone in England and Wales to have a polygamous marriage; It is a marriage that would mean that they had more than one wife (polygyny) or more than one husband (polyandry). This applies both to marriages contracted in England and Wales and to marriages which marry abroad and reside in England and Wales.
Buddhists view marriage as a secular matter rather than a sacrament. If the marriage is valid, the ECO should check whether the spouse qualifies under the rules for admission to the United Kingdom (paragraphs 277-281). When applying the rules for polygamous spouses, it is not the order in which polygamous spouses marry that is decisive, but the order in which they travel to the United Kingdom. The government made polygamy illegal in 1862, mainly in response to the LDS Church. The church, recognizing that supporting polygamy would likely prevent the state of Utah, banned the practice in 1890, and the church`s founder, Joseph Smith, rejected the practice in 1904. Some small Mormon groups that have split from the LDS Church still practice polygamy, as do some members of society as a whole, but these unions are not legally registered or recognized. Group marriage is a general term for marriages involving both several husbands and several wives. Polyamory is the practice of having multiple romantic relationships, with all parties having complete knowledge and giving full consent.
Not related to marriage. Polygeny is the (outdated) theory that the different races of humanity evolved from different groups of ancestors. This term has nothing to do with polygamy, but is sometimes confused with „polygyny”, so it is included here for clarity. This means that the husband and his first wife can claim the allowance for married couples and subsequent wives can claim the allowance from a single person. In some African countries, polygamy is illegal in civil law, but still permitted under common law, where actions traditionally accepted by a particular culture are considered legally permitted. This arguably confusing loophole leads to two types of marriages: „civil” marriages and „ordinary” or „religious” marriages, and allows countries like Liberia, Malawi and Sierra Leone to allow and even support polygamous marriages without formally recognizing them. Any person who is married and married to another person during the lifetime of the ex-husband or ex-wife, whether the second marriage was contracted in England, Ireland or elsewhere, is guilty of a criminal offence and may be sentenced to the prison service for a maximum period of seven years. : provided that this Article does not apply to a second marriage contracted outside England and Ireland by a person other than a subject of Her Majesty, or to a person who marries a second time and whose husband or wife has been separated from that person for seven years, the last time without interruption, and may not have had knowledge of that person, if he resides within that period or extends to a person who, at the time of such a second marriage, is to be divorced from the marriage of the first marriage, or to a person whose previous marriage has been annulled by a judgment of a competent court. However, this does not mean that a person currently living in England and Wales cannot be married to more than one person. If, at the time of marriage, they resided in a country that allows multiple marriages and the marriage took place in a country where polygamy is legally recognized, British law recognizes the validity of the marriage to more than one person. Therefore, there may be and there are polygamous households in the UK. Section 2 of the Immigration Act 1988 prohibits certain polygamous wives from exercising their right of residence, so any application by such a wife must be considered in accordance with sections 278 to 280 of the Regulations, which contain provisions which, in most cases, limit settlement to an unmarried wife.
The court probably acted as fairly as it could in this case, although there really is only one lesson to be learned, and that is to make a valid will or perhaps not marry more than one person! In the UK, it is illegal to marry more than one person.