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. By definition, a bigamous marriage occurs when a person enters into a new marriage while still being legally married to someone else.
The Legal Definition and Framework
The legal framework for marriage relies on the dissolution of prior unions before new ones can be formed. Under the law, these secondary unions are typically viewed as null, providing no legal standing to the parties involved.
It is important to distinguish between bigamy and polygamy. Polygamy usually refers to a lifestyle or social structure, while bigamy is a legal term for the crime of entering a second marriage illegally.
Consequences of a Bigamous Marriage
The fallout of bigamy is often twofold: it involves both criminal penalties and complex civil litigation.
Criminal Penalties: 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: While many modern laws protect the legitimacy of children born into such unions, the custody and support battles can become incredibly complicated.
Common Causes and Misunderstandings
While some cases involve deliberate fraud, many instances of bigamy occur due to simple mistakes. A common scenario involves an individual assuming their prior marriage was dissolved, only to find out later that the legal process was incomplete.
The complexity of international law also contributes to the frequency of bigamous marriages. 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 bigamous marriage Union
Discovering a prior marriage is still active requires immediate action and professional legal advice. 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.
While the situation is stressful, knowing the legal landscape can help individuals protect their rights and their future.