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Matrimonial Proceedings (Polygamous Marriages) Act 1972

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3Matrimonial relief and declarations of validity in respect of polygamous marriages: Northern Ireland.

(1)A court in Northern Ireland shall not be precluded from granting matrimonial relief or making a declaration concerning the validity of a marriage by reason only that the marriage in question was entered into under a law which permits polygamy.

(2)In this section " matrimonial relief " means—

(a)a decree of divorce, nullity of marriage or judicial separation;

(b)a decree under section 12 of the Matrimonial Causes Act (Northern Ireland) 1939 (dissolution of marriage on presumption of death);

(c)an order under section 4 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1951 (wilful neglect to maintain);

(d)an order made under any provision of the said Act of 1939, or under section 4 of the said Act of 1951, which confers a power exercisable in connection with, or in connection with any proceedings for, any such decree or order as is mentioned in the foregoing paragraphs;

(e)an order under the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945.

(3)In this section " a declaration concerning the validity of a marriage " means—

(a)a declaration that a marriage is valid or invalid; and

(b)any other declaration involving a determination as to the validity of a marriage,

being a declaration in a decree granted under the Legitimacy Declaration Act (Ireland) 1868 or a declaration made in proceedings brought by virtue of rules of court relating to declaratory judgments.

(4)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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