The Polygamous Marriages (Northern Ireland) Order 1995

SCHEDULE Consequential and Minor Amendments

The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15)

1.—(1) The Matrimonial Causes (Northern Ireland) Order 1978 shall be amended as follows.

(2) In Article 13 (grounds on which a marriage is void), for the words “may be polygamous although” there shall be substituted the words “is not polygamous if”.

(3) In Article 50 (matrimonial relief in respect of polygamous marriages)—

(a) in paragraph (1), for the words “the marriage” onwards there shall be substituted the words “either party to the marriage is, or has during the subsistence of the marriage been, married to more than one person”; and

(b) for paragraph (3)

there shall be substituted—

“(3) Provision may be made by rules of court—

(a) for requiring notice of proceedings brought by virtue of this Article to be served on any additional spouse of a party to the marriage in question; and

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

in such cases as may be specified in the rules.”.

The Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (NI 14)

2.  In Article 3 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (interpretation), for paragraph (3) there shall be substituted—

“(3) It is hereby declared that this Order applies as between the parties to a marriage notwithstanding that either of them is, or has at any time during the marriage’s subsistence been, married to more than one person.”.

The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4)

3.  In Article 37 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (declarations in respect of polygamous marriages)—

(a) in paragraph (1), for the words “the marriage” onwards there shall be substituted the words “either party to the marriage is, or has during the subsistence of the marriage been, married to more than one person”; and

(b) for paragraph (2) there shall be substituted—

“(2) Provision may be made by rules of court—

(a) for requiring notice of proceedings brought by virtue of this Article to be served on any additional spouse of a party to the marriage in question; and

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

in such cases as may be specified in the rules.”.

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

4.—(1) The Social Security Contributions and Benefits (Northern Ireland) Act 1992 shall be amended as follows.

(2) In section 120(1)(b) (regulations as to application of provisions of Parts I to VI to polygamous marriages), for the words following “section” there shall be substituted the words “applies, a marriage during the subsistence of which a party to it is at any time married to more than one person is to be treated as having, or as not having, the same consequences as any other marriage.”.

(3) In section 143(5) (regulations as to application of provisions of Part IX to polygamous marriages), for the words following “in which” there shall be substituted the words “a marriage during the subsistence of which a party to it is at any time married to more than one person is to be treated for the purposes of this Part of this Act as having, or not having, the same consequences as any other marriage.”.