While it might seem like a concept from a bygone era, bigamous marriage is a very real legal complication that affects many individuals today. 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. 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.
Legal Prosecution: Bigamy is frequently prosecuted as a crime, potentially resulting in imprisonment.
Voiding the Union: A bigamous marriage offers no legal protection regarding assets or spousal support.
Effects on Offspring: Children of a bigamous marriage may face unique legal challenges regarding inheritance and parental rights.
Common Causes and Misunderstandings
While some cases involve deliberate fraud, many instances of bigamy occur due to simple mistakes. A common scenario involves an individual assuming their prior marriage was dissolved, only to find out later that the bigamous marriage legal process was incomplete.
Cross-border legalities often lead to accidental bigamy. Differing laws between nations can result in a marriage being valid in one place but bigamous in another.
Resolving a Bigamous Union
The resolution of a bigamous situation almost always requires the intervention of a family law attorney. The party must properly end the first marriage before they can attempt to make the second union legal.
Navigating the fallout of bigamy is difficult, but understanding the legal definitions is the first step toward a resolution.