ELIZABETH II

Polyamorous Marriage Act

2020 CHAPTER 26

An Act to legalise three person marriages and civil partnerships and marriages civil partnerships between persons with other spouses, as long as such spouses are informed
Bill ID B053
Author(s) The Rt Hon Charles Gladstone mp
Amended by N/A
First reading 2020 September 18
Royal assent 2020 November 21
Commencement 2021 January 1
Affected legislation Marriage Act 1949 (c. 76)
Matrimonial Causes Act 1973 (c. 18)
Civil Partnerships Act 2004 (c. 33)

1 Definitions

A Polyamorous Marriage is defined as the Marriage of Two Individuals, with one or both of the individuals already have another spouse, or a mutual and joint marriage between any set of individuals greater in number than 2, regardless of whether any one of those individuals is married to another individual.

2 Edits to the Marriage Act of 1949

  1. Section 26 subsection 1 is edited to:
  2. (1)The following marriages may be solemnized on the authority of two certificates of a superintendent registrar—
    (a)a marriage of a man and a woman, in a building registered under section 41, according to such form and ceremony as the persons to be married see fit to adopt;
    (b)a polyamorous marriage, as long as each individual to be married as well as any and all current spouses of individuals to be married are aware of the marriage taking place, and have each provided written consent for the marriage to take place in the form of a document signed by two witnesses
    (bb)a mutual marriage of any set of individuals on approved premises;
    (c)a marriage of a man and a woman according to the usages of the Society of Friends (commonly called Quakers);
    (d)a marriage between a man and a woman professing the Jewish religion according to the usages of the Jews;
    (dd)a qualifying residential marriage
    (e)a marriage of a man and a woman according to the rites of the Church of England in any church or chapel in which banns of matrimony may be published.
  3. Section 26 subsection 2 is edited to:
  4. (2)In this section “qualifying residential marriage” means—
    (a)the marriage of a man and a woman (other than a marriage in pursuance of subsection (1)(c) or (d) above), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons, or
    (b)the marriage of a same sex couple (other than a marriage according to the rites of the Church of England or other religious rites or usages), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons.]
    c) the marriage of individuals who already have other spouses or a polyarmous marriage (other than a marriage according to the rites of the Church of England or other religious rites or usages), one of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons.
  5. Create Section 26C, which reads as follows:
  6. Opt-in to polyarmous marriages: places of worship
    (1)A marriage of a polyamorous in an appropriately registered building according to such form and ceremony as the persons to be married see fit to adopt may be solemnized on the authority of two certificates of a superintendent registrar.
    (2)For the purposes of this section “appropriately registered building” means a building which has been registered under section 43A.
    (3)An application for registration of a building under section 43A may not be made unless the relevant governing authority has given written consent to marriages of same sex couples.
    (4)For that purpose, in relation to a building—
    “relevant governing authority” means the person or persons recognised by the members of the relevant religious organisation as competent for the purpose of giving consent for the purposes of this section;
    “relevant religious organisation” means the religious organisation for whose religious purposes the building is used.
    (5)Nothing in this section is to be taken to relate or have any reference to marriages solemnized according to the rites of the Church of England.
    (6)This section is subject (in particular) to sections 44A to 44C (registration of shared buildings for marriage of same sex and polyamorous couples) and regulations made under any of those sections.]
  7. Creates Section 27E and renumber the following sections:
  8. (1)This section applies in relation to any marriage intended to be solemnized in pursuance of section 26C(2), (4) or (6) (marriage of same sex couples: Quaker marriage, Jewish marriage, marriage of house-bound or detained person).
    (2)The superintendent registrar to whom notice of such a marriage is given under section 27 may require the relevant governing authority to provide a copy of the consent mentioned in section 26C(2)(b), (4)(b) or (6)(d).
    (3)In this section, “relevant governing authority”, in relation to an intended marriage under section 26C(2), (4) or (6), has the same meaning as in that provision.]
  9. Create Section 49B:
  10. 49B: Void marriages: additional provision about polyamorous marriages
    (1)If a Polyamorous marriage knowingly and wilfully intermarries under the provisions of this Part of this Act in the absence of the required consent, the marriage shall be void. Required consent in case of multiple spouses id defined in
    (2)In this section, in relation to a marriage of a same sex couple, “required consent” means consent under—
    (a)section 26A(3), in a case where section 26B applies to the marriage (but section 44A does not apply to it);
    (b)section 26A(3) and section 44A(6), in a case where section 26A and section 44A apply to the marriage;
    [F185(ba)section 26A(3) and under any regulations made under section 44C that require the consent to use of a building for the solemnization of marriages of same sex couples, in a case where section 26A and section 44C apply to the marriage;]
    (c)section 26C(2)(b), in a case where section 26C1), (2) and (3) apply to the marriage;
    (d)section 26C(4)(b), in a case where section 26C(1), (4) and (5) apply to the marriage;
    (e)section 26C(6)(d), in a case where section 26C1), (6) and (7) apply to the marriage.]

2 Edit to the Matrimonial Causes Act 1973

  1. Section 11 Subsection D is hereby repealed.

3 Edit to the Civil Partnerships Act of 2004

  1. Section 1 Subsection 1 is edited to: A Civil Partnership is a mutually agreed relationship between two or more people, regardless of whether they are married or currently a member of a civil partnership.

4 Commencement and extent

  1. This Act Can be Cited as the Polyamorous Marriage Act
  2. Different Provisions of this act apply to various constituent regions in turn, with Sections 2 and 3 applying to England and Wales, and Section 3 applying to whole United Kingdom
  3. This Act Comes into Effect on Jan 1st 2021.
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