House of Commons Library

Polygamy

Published Wednesday, June 21, 2017

This Commons Library briefing paper deals with when polygamous marriages might be legally recognised; immigration issues; social security benefits and pension entitlement.

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Legal recognition

In order to be recognised as legally valid, all marriages which take place in the United Kingdom must be monogamous and must be carried out in accordance with the requirements of the relevant legislation. For a polygamous marriage to be considered valid in the UK, the parties must be domiciled in a country where polygamous marriage is permitted, and must have entered into the marriage in a country which permits polygamy.

There is some anecdotal evidence of people entering into polygamous marriage in the UK through religious ceremonies that are not registered by the state and are not recognised under UK law. The Casey Review, A review into opportunity and integration, published in December 2016, found that “the practice of ‘unregistered polygamy’ appears to be more commonplace than might be expected” and that this had a negative impact on women.  Calls have been made for all marriages taking place in the UK to be registered.

No formal assessment is made of the number of polygamous households.

Immigration issues

It has been the policy of successive governments to prevent the formation of polygamous households in the UK. A UK resident cannot sponsor a non-EEA national for permission to enter or remain in the UK as their spouse if another person has already been granted such permission, and the marriage has not been dissolved.  However, it is possible for all parties to a polygamous marriage to be legally present in the UK.  For example, a second spouse may qualify for entry to the UK in a different immigration category, in their own right. 

Social security benefits

At present, some benefits can be paid, in certain cases, in respect of more than one spouse but the allowances that may be paid in respect of additional spouses are lower than those which generally apply to single claimants. Universal Credit (UC) is to replace all existing means-tested benefits and tax credits for families of working age but is not expected to be fully introduced until 2022. The 2010 Government decided that the UC rules will not recognise additional partners in polygamous relationships.  This could potentially result in some polygamous households receiving more under UC than under the current benefit and tax credit system.

Pension entitlement

A wife in a polygamous marriage does not generally have the right to a state pension on the basis of her spouse’s contributions.

 

 

Commons Briefing papers SN05051

Authors: Catherine Fairbairn; Steven Kennedy; Djuna Thurley; Terry McGuinness

Topics: Family benefits, Family law, Immigration, Marriage, Pensions

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