Legal Question in Family Law in United Kingdom
Polygamous Marriage in England/European Union.
Dear Sir/Madam,
I hope you can answer my query or lead me to a good source of
information or case law on the subject of polygamous marriage in the UK.
My understanding is that it is illegal in the UK and also illegal for a
British citizen to marry in another country where such marriages are
permitted, in the sense that the British courts will not recognize the
marriage as valid for legal, immigration, or tax purposes.
In such cases what recourse is open for a person who wants to marry a
second wife in another country and bring her to the UK whilst still
married to the first! I am in such a predicament and would like to know
the answer. Have there been such cases before the immigration courts? Or
before the European Court of Human Rights?
I am a muslim and therefore regard marriage upto four wives as permissible although it is seldom practised. My real concern is not the legal view of state in the matter but whether such a marriage can actually take place allowing the two individuals to cohabit, which would require the immigration of the second wife from India to the UK.
1 Answer from Attorneys
Re: Polygamous Marriage in England/European Union.
The question you pose is a difficult one and needs proper evaluation by Bristish legal counsel. As a form of suggestion you might consider marrying a second wife in a country that recognized mutiple marrriages. You might be better off living is that country. The problem that you face is that you risk being charged with bigamy which is legal crime in most countries. If your first wife becomes mad at you, problems could be created legally which could result in your deportation. I do not see how you can marry a second wife legally. You are asking for legal trouble in my opinion if you attempt to create a second marriage. You might consider divorcing your first wife and then marrying the second while continuing to live with the first. Good luck.
Gerald Hershenson
Law Office of Gerald M. Hershenson
506 Corporate Drive West