The legal status of polygamy in England and Germany - a comparison - Domicile v. Nationality

Sammanfattning: Polygamy is a marriage institution that is practiced in many parts of the world. In most western countries polygamy is prohibited and the legal systems are based on the principle of monogamy. Nevertheless, the pressing question of whether to recognize polygamous marriages as valid must be answered and other factors such as what time is relevant and what law to apply, must be determined. The purpose of this thesis is to determine the legal status of polygamy in England and Germany in both domestic law and private international law. The legal systems provide both similarities and differences that can be compared and analyzed. The legal dogmatic approach determines the legal status of polygamy in the respective country and later on the method of comparative law outlines the similarities and differences. Firstly, this thesis researches the legal status of polygamy in England. Concluding that polygamous marriages in England and polygamous marriages concluded abroad by a person domiciled in England will constitute a bigamous marriage and therefore be invalid. Polygamous marriages concluded abroad by foreigners will generally be recognized, unless public policy is induced. Secondly, this thesis researches the legal status of polygamy in Germany where the key determinant is the nationality instead of domicile. However, when that link is established the regulation of polygamy is generally similar. Thirdly, domicile and nationality as key determinants are compared to each other and it is outlined why each country has chosen its solution. There is no determinant that generally is more desirable. The social and political goals of the country will determine which factor is applied and how polygamous marriages are recognized, although breaching the principle of monogamy.