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
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.
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: 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
Surprisingly, bigamy is often the result of a misunderstanding rather than a criminal plot. 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.
Moving Forward Legally
Discovering a prior marriage is still active requires immediate action and professional legal advice. One must clear the bigamous marriage 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.