From Tradition to Modern Equality

Under the Offences Against the Person Act 1861, entering a second marriage while still legally married constitutes bigamy, a criminal offence punishable by up to seven years imprisonment. Despite this limited recognition, such marriages cannot be contracted within England itself, as doing so would breach public policy. Marriage has significant financial and property consequences in English law. Upon marriage, spouses acquire certain rights and responsibilities that affect taxation, inheritance, and property division.

England follows the principle of separate ownership — assets remain individually owned unless placed in joint names. However, in the event of divorce, the Matrimonial Causes Act 1973 empowers courts to redistribute assets fairly, taking into account contributions (both financial and non-financial), children’s welfare, and each party’s needs.

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