While it might seem like a concept from a bygone era, bigamous marriage is a very real legal complication that affects many individuals today. Simply put, a bigamous marriage is one where at least one party has a prior, undissolved marriage at the time of the ceremony.
Defining Bigamy in the Eyes of the Law
In most jurisdictions, the law is very clear: a person can only be party to one legal marriage at a time. Under the law, these secondary unions are typically viewed as null, providing no legal standing to the parties involved.
One should note the difference between a bigamous marriage and 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 consequences of being involved in a bigamous marriage can be severe, ranging from criminal charges to the loss of civil rights.
Criminal Penalties: Bigamy is frequently prosecuted as a crime, potentially resulting in imprisonment.
Nullification of Marriage: A bigamous marriage offers no legal protection regarding bigamous marriage assets or spousal support.
Effects on Offspring: Children of a bigamous marriage may face unique legal challenges regarding inheritance and 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. One must clear the legal hurdles of the first marriage before the second can ever be recognized by the state.
While the situation is stressful, knowing the legal landscape can help individuals protect their rights and their future.