Laws on Polygamy: What is the International Approach?

Polygamy, most of us know already, is the practice of having more than one spouse at a time. It is considered legal in many countries. Polygamous marriages are also acknowledged in many African countries under Islamic or customary law. A modification of polygamy is polygynous, which is a system of marriage in which a husband can have two or more wives at the same time. In a polyandrous marriage, a woman has two or more husbands at the same time. Next, let’s discuss international laws on polygamy.

International Laws on Polygamy

Traditionally, Hyde vs Hyde determined that individuals who observe polygamy may be entitled for recognition. However, both the parties in such a case cannot obtain matrimonial relief in England.

This means that if you have a polygamous marriage in England, the marriage will be recognized by English law but if you want to obtain legal separation or divorce, you cannot do so in English courts.

Under the Matrimonial Proceedings (Polygamous Marriages) Act 1972, individuals who have polygamous marriages are entitled to have the same matrimonial relief as is enjoyed by individuals in monogamous marriage.

Polygamy: How is Polygamous marriage classified as such?

In countries where polygamy is practiced, some classifications have been made for the same. If a man has only one wife but is allowed to have more than one under his personal law, his marriage would be described as potentially polygamous marriage.

Suppose Ali is married only to Fiza in England and she is his only wife. His personal law permits him to have more than one wife. Therefore, Ali’s marriage would be considered as ‘potentially polygamous’ in English law.

The concept of potentially polygamous marriage was discarded under the Private International Law Act 1995. This was done considering situations wherein during the marriage either husband or wife is domiciled in England or Wales.

Suppose Julia, a resident of England, marries Mohammad, a resident of UAE, then their marriage would not be considered as potentially polygamous marriage under English law.