PART II Validity of Marriages under a Law which permits Polygamy

6 Application of section 5 to prior marriages.

1

Section 5 above shall be deemed to apply, and always to have applied, to any marriage entered into before commencement which is not excluded by subsection (2) or (3) below.

2

That section does not apply to a marriage a party to which has (before commencement) entered into a later marriage which either—

a

is valid apart from this section but would be void if section 5 above applied to the earlier marriage; or

b

is valid by virtue of this section.

3

That section does not apply to a marriage which has been annulled before commencement, whether by a decree granted in England and Wales or by an annulment obtained elsewhere and recognised in England and Wales at commencement.

4

An annulment of a marriage resulting from legal proceedings begun before commencement shall be treated for the purposes of subsection (3) above as having taken effect before that time.

5

For the purposes of subsections (3) and (4) above a marriage which has been declared to be invalid by a court of competent jurisdiction in any proceedings concerning either the validity of the marriage or any right dependent on its validity shall be treated as having been annulled.

6

Nothing in section 5 above, in its application to marriages entered into before commencement—

a

gives or affects any entitlement to an interest—

i

under the will or codicil of, or on the intestacy of, a person who died before commencement; or

ii

under a settlement or other disposition of property made before that time (otherwise than by will or codicil);

b

gives or affects any entitlement to a benefit, allowance, pension or other payment—

i

payable before, or in respect of a period before, commencement; or

ii

payable in respect of the death of a person before that time;

c

affects tax in respect of a period or event before commencement; or

d

affects the succession to any dignity or title of honour.

7

In this section “commencement” means the commencement of this Part.