While it might seem like a concept from a bygone era, bigamous marriage is a very real legal complication that affects many individuals today. Technically, bigamy refers to the act of undergoing a marriage ceremony while a previous legal marriage remains valid and active.
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.
One should note the difference between a bigamous marriage and polygamy. Polygamy is the practice of having multiple spouses simultaneously, often as part of a cultural or religious tradition, whereas bigamy is the specific legal offense of marrying twice without a divorce.
Consequences of a Bigamous Marriage
The consequences of being involved in a bigamous marriage can be severe, ranging from criminal charges to the loss of civil rights.
Legal Prosecution: In many regions, bigamy is classified as a felony or a serious misdemeanor.
Nullification of Marriage: As mentioned, the second marriage is usually void, meaning the "spouse" has no legal claim to inheritance, alimony, or joint property.
Impact on Children: The legal status of children in these situations requires careful navigation of family court.
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. A divorce obtained in one country might not be recognized in another, leading a person to unknowingly enter into a bigamous marriage in a new jurisdiction.
Resolving a Bigamous Union
The resolution of a bigamous situation almost always requires the intervention of a family bigamous marriage law attorney. To rectify the situation, the original marriage must be legally dissolved through divorce or annulment before the second marriage can be "revalidated" or performed again legally.
Navigating the fallout of bigamy is difficult, but understanding the legal definitions is the first step toward a resolution.