bigamy

Bigamy is the act of entering into a marriage while already married to another person who is still living. In most jurisdictions, monogamy is the legal norm, and a person cannot be lawfully married to more than one partner at the same time. Bigamy is distinct from polygamy, which refers to the social or religious practice of having multiple spouses; however, polygamy often exists alongside bigamy restrictions, with the legal system permitting multiple marriages only under specific circumstances or not at all. A second marriage that occurs before the first marriage has been legally terminated is generally considered invalid in law.

Legal treatment varies: in many countries bigamy is a criminal offense, punishable by fines and/or imprisonment, and the second marriage may be void ab initio or voidable once discovered. The first marriage must be dissolved by divorce or death before a lawful remarriage; some jurisdictions recognize therapeutic or religious ceremonies only if the prior marriage has ended. Defenses may include lack of knowledge of the prior marriage, or the prior marriage being invalid or void from the outset; or if an annulment renders the first marriage void. In some places, if a spouse is absent and legally declared dead after a statutory period, remarriage may be permissible.

Effects can extend beyond criminal penalties: disputes about the validity of the second marriage, effects on spousal rights, legitimacy of children, and inheritance or property rights may arise. Immigration status, civil honors, and insurance benefits can also be impacted. The burden of proof typically lies with the party asserting the existence of a prior valid marriage, which must be demonstrated through marriage certificates and related records. The term bigamy is primarily a descriptive legal concept; actual consequences depend on the jurisdiction and the specific facts of the case.