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.
The Legal Definition and Framework
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.
While often confused, there is a distinct difference between bigamy and the practice of polygamy. While polygamy involves multiple concurrent partners, bigamy is the specific act of "double-marrying" in violation of state or national law.
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: A bigamous marriage offers no legal protection regarding assets or spousal support.
Impact on Children: Children of a bigamous marriage may face unique legal challenges regarding inheritance and parental rights.
Common Causes and Misunderstandings
Not bigamous marriage 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.
Cross-border legalities often lead to accidental bigamy. 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.