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Matrimonial Causes Act 1973

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This is the original version (as it was originally enacted).

47Matrimonial relief and declarations of validity in respect of polygamous marriages

(1)A court in England and Wales 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)any decree under Part I of this Act;

(b)a financial provision order under section 27 above;

(c)an order under section 35 above altering a maintenance agreement;

(d)an order under any provision of this Act which confers a power exercisable in connection with, or in connection with proceedings for, any such decree or order is is mentioned in paragraphs (a) to (c) above ;

(e)an order under the Matrimonial Proceedings (Magistrates' Courts) Act 1960.

(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 section 45 above or a declaration made in the exercise by the High Court of its jurisdiction to grant declaratory relief in any proceedings notwithstanding that a declaration is the only substantive relief sought in those proceedings.

(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 prescribed by the rules.

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