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Matrimonial Causes Act 1973
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- 1973 c. 18
- Part IV
- Section 47
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47 Matrimonial relief and declarations of validity in respect of polygamous marriages.E+W
(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 [F1either party to the marriage is, or has during the subsistence of the marriage been, married to more than one person].
(2)In this section “matrimonial relief” means—
(a)any [F2order] 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 F3... order as is mentioned in paragraphs (a) to (c) above;
[F4(dd)an order under Part III of the Matrimonial and Family Proceedings Act 1984;]
(e)an order under [F5Part I of the M1Domestic Proceedings and Magistrates’ Courts Act 1978].
[F6(3)In this section “a declaration concerning the validity of a marriage” means any declaration under Part III of the Family Law Act 1986 involving a determination as to the validity of a marriage]
[F7(4)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 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.]
Textual Amendments
F1Words in s. 47(1) substituted (8.1.1996) by 1995 c. 42, ss. 8, 16(2), Sch. para. 3(a) (with s. 8(1)(3))
F2Word in s. 47(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 30(a) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2
F3Words in s. 47(2)(d) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 30(b) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2
F4S. 47(2)(dd) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 15
F5Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89(2), Sch. 2 para. 39, with saving for an application made before 1.2.1981 under Matrimonial Proceedings (Magistrates' Courts) Act 1960 (c. 48): S.I. 1979/731, Sch. 2 para. 8
F6S.47(3) substituted by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(1), 69(5), Sch. 1 para. 14
F7S. 47(4) substituted (8.1.1996) by 1995 c. 42, ss. 8, 16(2), Sch. para. 3(b) (with s. 8(1)(3))
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