While it might seem like a concept from a bygone era, bigamous marriage is a very real legal complication that affects many individuals today. 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
The legal framework for marriage relies on the dissolution of prior unions before new ones can be formed. 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 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.
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: Children of a bigamous marriage may face unique legal challenges regarding inheritance and bigamous marriage parental rights.
How Bigamous Marriages Happen
Surprisingly, bigamy is often the result of a misunderstanding rather than a criminal plot. For example, a person might genuinely believe their previous divorce was finalized when, in reality, the paperwork was never processed or signed by a judge.
The complexity of international law also contributes to the frequency of bigamous marriages. Differing laws between nations can result in a marriage being valid in one place but bigamous in another.
Resolving a Bigamous Union
Discovering a prior marriage is still active requires immediate action and professional legal advice. The party must properly end the first marriage before they can attempt to make the second union legal.
While the situation is stressful, knowing the legal landscape can help individuals protect their rights and their future.