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.
Polygamous marriages legally performed in another country where the law allows it are not recognized for pension, immigration or citizenship purposes.[1] However, they may be recognized for the purposes of welfare benefits. This decision was not made without controversy, and there have been protests against it.[2]
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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:
| “ | Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding seven years ... : Provided, that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction. | ” |
This section replaces section 22 of the Offences against the Person Act 1828 for England and Wales,[3] which replaced section 1 of 1 Jac.1 c.11 (1603).[4] This section replaces section 26 of the Act 10 Geo. 4 c. 34 for Northern Ireland.[5]
Subsequent case law has allowed exceptions for cases where the defendant believes on reasonable grounds that their first spouse is dead[6] or that the marriage has been dissolved.[7]
Bigamy is triable either way.[8] A person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[9] 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.[10]
See Crown Prosecution Service Sentencing Manual for case law on sentencing. Relevant cases are:
Bigamy is an offence under the law of Scotland.[11]
In Northern Ireland, a person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[12] 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.[13]
Marriage in the United Kingdom
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