The legalities surrounding marriage are strict, and few violations are as significant as entering into a bigamous union. By definition, a bigamous marriage occurs when a person enters into a new marriage while still being legally married to someone else.
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 tradition, whereas bigamy is the specific legal offense of marrying twice without a divorce.
The Legal and Personal Fallout
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: A bigamous marriage offers no legal protection regarding assets or spousal support.
Impact on Children: Children of a bigamous bigamous marriage 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.
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 Union
Discovering a prior marriage is still active requires immediate action and professional legal advice. One must clear the legal hurdles of the first marriage before the second can ever be recognized by the state.
Understanding the gravity of a bigamous marriage is essential for anyone navigating the complexities of family law.