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Matrimonial Proceedings (Polygamous Marriages) Act 1972

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2Matrimonial relief and declarations as to validity in respect of polygamous marriages: Scotland.

(1)A court in Scotland shall not be precluded from entertaining proceedings for, or granting, any such decree as is mentioned in subsection (2) below by reason only that the marriage to which the proceedings relate was entered into under a law which permits polygamy.

(2)The decrees referred to in subsection (1) above are—

(a)a decree of divorce;

(b)a decree of nullity of marriage;

(c)a decree of dissolution of marriage under section 5 of the Divorce (Scotland) Act 1938 (presumption of death and dissolution of marriage);

(d)a decree of judicial separation;

(e)a decree of separation and aliment, adherence and aliment, or interim aliment;

(f)a decree of declarator that a marriage is valid or invalid;

(g)any other decree involving a determination as to the validity of a marriage;

and the reference in subsection (1) above to granting such a decree as aforesaid includes a reference to making any ancillary order which the court has power to make in proceedings for such a decree.

(3)This section has effect whether or not either party to the marriage in question has for the time being any spouse additional to the other party; and provision may be made by rules of court—

(a)for requiring notice of proceedings brought by virtue of this section to be served on any such other spouse; and

(b)for conferring on any such other spouse the right to be heard in any such proceedings,

in such cases as may be specified in the rules.

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