Bigamy is a term that many people associate with historical dramas or sensational news headlines, yet it remains a serious legal issue in the modern world. Simply put, a bigamous marriage is one where at least one party has a prior, undissolved marriage at the time of the ceremony.
Defining Bigamy in the Eyes of the Law
In most jurisdictions, the law is very clear: a person can only be party to one legal marriage at a time. When a bigamous marriage takes place, it is generally considered "void ab initio," which means it is treated as if it never legally existed from the very beginning.
It is important to distinguish between bigamy and polygamy. Polygamy is the practice of having multiple spouses simultaneously, often as part of a cultural or religious bigamous marriage tradition, whereas bigamy is the specific legal offense of marrying twice without a divorce.
The Legal and Personal Fallout
Entering into a bigamous union carries heavy weight, impacting everything from your criminal record to your financial stability.
Criminal Penalties: Bigamy is frequently prosecuted as a crime, potentially resulting in imprisonment.
Nullification of Marriage: A bigamous marriage offers no legal protection regarding assets or spousal support.
Impact on Children: Children of a bigamous marriage may face unique legal challenges regarding inheritance and parental rights.
Common Causes and Misunderstandings
Not every bigamous marriage is a result of intentional deception. A common scenario involves an individual assuming their prior marriage was dissolved, only to find out later that the legal process was incomplete.
Cross-border legalities often lead to accidental bigamy. If a foreign divorce is not legally recognized in a person's current home, their new marriage could be deemed bigamous.
Moving Forward Legally
The resolution of a bigamous situation almost always requires the intervention of a family law attorney. The party must properly end the first marriage before they can attempt to make the second union legal.
Navigating the fallout of bigamy is difficult, but understanding the legal definitions is the first step toward a resolution.