While it might seem like a concept from a bygone era, bigamous marriage is a very real legal complication that affects many individuals today. 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. Under the law, these secondary unions are typically viewed as null, providing no legal standing to the parties involved.
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.
Voiding the Union: 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 bigamous marriage 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 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.