Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the Answer of 9 September 2026 to Question 21974 on Social Security Benefits: Polygamy, if he will publish the required conditions under which an an overseas polygamous marriage is recognised under the law of England and Wales.

The law on the recognition of overseas marriage in matters for which the Lord Chancellor has policy responsibility is principally found in the common law.

Under the common law, an overseas marriage is normally recognised if it complied with the requirements for the form of the ceremony where it took place (meaning by whom, where, when and how it was conducted) and if both parties had capacity to marry according to the law of their domicile (home country).

If a party to the marriage was domiciled in England and Wales and had a spouse or civil partner at the time of the marriage, the marriage will be void under the Matrimonial Causes Act 1973. The court may also consider additional matters in deciding on recognition.