Understanding the Complex Realities of a Bigamous Marriage

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. Polygamy is the practice of having multiple spouses simultaneously, often as part of a cultural or religious tradition, whereas bigamy is the specific legal offense of marrying twice without a divorce.

The Legal and Personal Fallout
Entering into a bigamous union carries heavy weight, impacting everything from your criminal record to your financial stability.

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.

Additionally, international marriages can complicate matters. A divorce obtained in one country might not be recognized in another, leading bigamous marriage a person to unknowingly enter into a bigamous marriage in a new jurisdiction.

Moving Forward Legally
Discovering a prior marriage is still active requires immediate action and professional legal advice. The 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.