@lilywilkins2
Profile
Registered: 3 weeks, 3 days ago
Understanding Bigamous Marriage and Its Legal Implications
" (video: //www.youtube.com/embed/https://www.youtube.com/watch?v=ZiRKKUrjZxQ)A bigamous marriage occurs when a person enters into a second or subsequent marriage while their first marriage is still legally valid and subsisting. This concept is fundamentally rooted in the principle of monogamy, which is the legal standard in many jurisdictions worldwide, including Singapore and the Philippines. When a person marries again without first obtaining a legal annulment, divorce, or proving the death of their previous spouse, the subsequent union is generally classified as bigamous.
The Legal Status of Bigamous Unions
In most legal systems that uphold monogamous traditions, a bigamous marriage is considered void ab initio. This Latin term means the marriage is "void from the beginning." Essentially, the law treats the second marriage as if it never existed. Because the individual lacked the legal capacity to marry again, no legal rights or obligations typically associated with marriage—such as inheritance rights or the presumption of conjugal property—are created by the second union.
The legal consequences extend beyond the mere invalidity of the union. In many countries, bigamy is a criminal offence. For example, under the Penal Code in various jurisdictions, a person found guilty of bigamy may face significant prison time. The law seeks to protect the sanctity of the first marriage and prevent the fraudulent acquisition of marital benefits.
Key Elements That Define Bigamy
To establish that a marriage is bigamous, certain criteria must typically be met:
A Prior Valid Marriage: There must be a first marriage that was legally performed and has not been dissolved by death, divorce, or a decree of nullity.
A Subsequent Marriage Ceremony: The individual must have entered into a second marriage ceremony that would be valid if not for the existence of the first marriage.
Knowledge and Intent: While specific intent to break the law isn't always required, the person must be aware that their first spouse is still alive and that the marriage has not been legally terminated.
There are narrow exceptions, such as a "good faith" belief that the first spouse has died after a long period of absence (often seven years), which might lead to a "putative marriage." However, even in these cases, the second marriage is usually still void once the first spouse reappears.
Consequences for bigamous marriage the Parties Involved
The fallout of a bigamous marriage is often devastating for the "innocent" spouse in the second union. If that person was unaware of the existing first marriage, they might find themselves without legal standing or financial protection when the bigamy is discovered. Children born from bigamous unions may also face complex legal challenges regarding their status, although modern laws in many regions have evolved to protect the rights and bigamous marriage legitimacy of children regardless of the parents' marital status.
A bigamous marriage is a serious legal violation that undermines the structured foundations of family law. It results in a union that is legally non-existent and can lead to severe criminal penalties for the bigamous party. For anyone considering remarriage, it is vital to ensure that any previous marital bonds have been completely and legally severed through the proper judicial channels to avoid the lasting complications of a void union.
Would you like me to research the specific penalties for bigamy under the Singapore Women's Charter or the Revised Penal Code of the Philippines?
Website: https://lawyerphilippines.org/bigamy-and-annulment-of-marriage/
Forums
Topics Started: 0
Replies Created: 0
Forum Role: Participant