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. Simply put, a bigamous marriage is one where at least one party has a prior, undissolved marriage at the time of the ceremony.
The Legal Definition and Framework
Most legal systems operate under the principle of monogamy, meaning that a second marriage is legally impossible if the first hasn't been ended. Because a person lacks the legal capacity to marry while already wed, the second marriage is usually void from its inception.
While often confused, there is a distinct difference between bigamy and the practice of 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: Bigamy is frequently prosecuted as a crime, potentially resulting in imprisonment.
Nullification of Marriage: Since the marriage is legally non-existent, the parties do not enjoy the standard benefits of a legal union.
Effects on Offspring: While many modern laws protect the legitimacy of children born into such unions, the custody and support battles can become incredibly complicated.
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.
Additionally, international marriages can complicate matters. Differing laws between nations can result in a marriage being valid in one place but bigamous in another.
Moving Forward Legally
If someone discovers they are in a bigamous marriage, the first step is usually to seek legal counsel. The bigamous marriage 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.