An intriguing case came before the English Courts last December. The decision of the judge was that the six surviving wives of a polygamous husband “together constituted ‘the spouse’ under … the Administration of Estates Act 1925” & so were entitled to inherit property which he had owned in England.
Of course we do not allow people to acquire more than one wife (or husband) at a time in a valid English marriage, but where appropriate the law does recognise marriages which have been contracted under the law of another country. This can lead to some uncomfortable questions – I remember getting tangled up in a statistical debate about whether to code a girl who was under 16 years of age as a ‘married woman.’
Behind this particular legal case however must lie a story worthy of Dickens.
The polygamous husband, who had not made a will, died thirty years ago. The case was brought to the Court by the Official Solicitor, who represents children and adults who lack mental capacity to act for themselves in legal proceedings, & the defendants were the six surviving wives & one of the sons. Unfortunately we are not told how much the disputed property is worth.
Thinking about this case also makes me ponder why the non-gendered word spouse is not adopted by those in this country who do not like being called husband or, even more particularly, wife & settle instead for the very unspecific partner. If they called each other spouse, together they could be spice.
