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
Most legal systems operate under the principle of monogamy, meaning that a second marriage is legally impossible if the first hasn't been ended. 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 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: Many states treat bigamy as a criminal offense that can lead to fines or even jail time.
Voiding the Union: As mentioned, the second marriage is usually void, meaning the "spouse" bigamous marriage has no legal claim to inheritance, alimony, or joint property.
Impact on Children: The legal status of children in these situations requires careful navigation of family court.
How Bigamous Marriages Happen
While some cases involve deliberate fraud, many instances of bigamy occur due to simple mistakes. In many cases, a spouse mistakenly believes a long-term separation is equivalent to a legal divorce.
Cross-border legalities often lead to accidental bigamy. If a foreign divorce is not legally recognized in a person's current home, their new marriage could be deemed bigamous.
Resolving a Bigamous Union
Discovering a prior marriage is still active requires immediate action and professional legal advice. To rectify the situation, the original marriage must be legally dissolved through divorce or annulment before the second marriage can be "revalidated" or performed again legally.
Understanding the gravity of a bigamous marriage is essential for anyone navigating the complexities of family law.