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
The legal framework for marriage relies on the dissolution of prior unions before new ones can be formed. Because a person lacks the legal capacity to marry while already wed, the second marriage is usually void from its inception.
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.
The Legal and Personal Fallout
Entering into a bigamous union carries heavy weight, impacting everything from your criminal record to your financial stability.
Legal Prosecution: In many regions, bigamy is classified as a felony or a serious misdemeanor.
Nullification of Marriage: A bigamous marriage offers no legal protection regarding assets or spousal support.
Effects on Offspring: While many modern laws protect bigamous marriage the legitimacy of children born into such unions, the custody and support battles can become incredibly complicated.
How Bigamous Marriages Happen
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. 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.
Navigating the fallout of bigamy is difficult, but understanding the legal definitions is the first step toward a resolution.