<\/span><\/h3>\nThe modern approach appears to be more willing to recognise a polygamous marriage as valid in some cases and for some purposes. This follows the principle that a marriage which is valid under the local law should be accepted and acted on in other countries.<\/p>\n
There is support in the United Kingdom for upholding actual polygamous marriages in other countries in certain cases and for certain purposes. It appears that marriages are recognised for the purpose of succession and property rights. Domestic legislation makes specific provisions for the recognition of civil partnerships.<\/p>\n
The law of the place of celebration of marriage determines its nature and the incidents attached to it. A domestic court will consider whether a marriage is monogamous with reference to these criteria.<\/p>\n
The issue of capacity is determined by the law of the domicile. A marriage may be invalid because the parties lack capacity under the law of the domicile, notwithstanding that the local law allows polygamy. It is likely that Irish law does not accept that a person has the capacity to contract polygamous marriage, notwithstanding that going through a form of marriage in a country where polygamy is permissible.<\/p>\n
The modern trend has been to extend maintenance and other recognition to polygamous marriages. It has also been to recognise potentially polygamous marriages, which are not in fact, polygamous.<\/p>\n
<\/p>\n
MARRIAGE ACT 2015<\/h2>\n
PART 5<\/p>\n
Recognition of Certain Foreign Relationships<\/p>\n
Recognition of certain foreign marriages<\/h4>\n
12. (1) A marriage under the law of a place other than the State shall not be precluded from being recognised as a marriage by reason of the sex of the parties to the marriage.<\/p>\n
(2) Where a marriage under the law of a place other than the State of two persons of the same sex is recognised as a marriage, it shall be so recognised from the later of\u2014<\/p>\n
(a) the date of the commencement of this section, or<\/p>\n
(b) the date of the marriage.<\/p>\n
(3) Subject to subsection (4), a marriage under the law of a place other than the State of two persons of the same sex shall not be precluded from being recognised by reason of the fact that it falls within a class of legal relationship in respect of which the Minister has made an order under section 5 of the Act of 2010.<\/p>\n
(4) A marriage under the law of a place other than the State of two persons of the same sex, which falls within a class of legal relationship in respect of which the Minister has made an order under section 5 of the Act of 2010, shall not be recognised as a marriage where on or before the date of the commencement of this section\u2014<\/p>\n
(a) a decree of dissolution of the legal relationship concerned has been granted under section 110 of the Act of 2010, or<\/p>\n
(b) under section 5(4) of the Act of 2010, a dissolution of the legal relationship that is deemed to be a dissolution under section 110 of that Act became effective.<\/p>\n
(5) Where the marriage under the law of a place other than the State of two persons of the same sex is recognised and the two persons concerned live apart from one another, the period or periods during which they live apart from one another shall, for the purposes of the Judicial Separation and Family Law Reform Act 1989 , the Family Law (Divorce) Act 1996 , or any other enactment, be calculated from the date (notwithstanding that it occurs before the date, under subsection (2), that the marriage falls to be recognised) on which they begin to live apart.<\/p>\n
(6) The Schedule to the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010 ( S.I. No. 649 of 2010 ) is amended by\u2014<\/p>\n
(a) the deletion of the class of legal relationship specified in column (3) of the Schedule opposite reference numbers 1, 3, 4, 10, 11, 14, 15, 16, 20, 22, 23 and 27 specified in column (1) of that Schedule, and<\/p>\n
(b) the deletion of the part, being marriage, of the class of legal relationship specified in column (3) of the Schedule opposite reference numbers 9, 13, 17, 21, 24 and 26 specified in column (1) of that Schedule.<\/p>\n
(7) The Schedule to the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011 ( S.I. No. 642 of 2011 ) is amended by the deletion of the class of legal relationship specified in column (3) of the Schedule opposite reference number 4 specified in column (1) of that Schedule.<\/p>\n
(8) The Schedule to the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012 ( S.I. No. 505 of 2012 ) is amended by the deletion of the class of legal relationship specified in column (3) of the Schedule opposite reference numbers 1 and 4 specified in column (1) of that Schedule.<\/p>\n
(9) The Schedule to the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013 ( S.I. No. 490 of 2013 ) is amended by the deletion of the class of legal relationship specified in column (3) of the Schedule opposite reference numbers 1, 2, 3, 5, 6, 8, 9, 10, 11, 12, 13 and 14 specified in column (1) of that Schedule.<\/p>\n
(10) The Civil Partnership (Recognition of Registered Foreign Relationships) Order 2014 ( S.I. No. 212 of 2014 ) is revoked.<\/p>\n
Certain registered foreign relationships<\/h4>\n
13. The Act of 2010 is amended by the insertion of the following section after section 5:<\/p>\n
\u201c5A. Neither section 5, nor any order made (whether before or after the date of the commencement of this section) under section 5, shall apply to a legal relationship entered into by two parties on or after the date that is 6 months after the commencement of section 8 of the Marriage Act 2015.\u201d.<\/p>\n\n
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Place of Marriage The well-established principle is that the formalities of marriage are governed by the place where the marriage ceremony takes place. The validity is determined by the laws of that jurisdiction only. Even if a marriage might be valid in the same circumstances domestically, it would be invalid if not valid in accordance […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[106],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20758"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=20758"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20758\/revisions"}],"predecessor-version":[{"id":33068,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20758\/revisions\/33068"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=20758"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=20758"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=20758"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}