Shortlands

Bigamy

Marrying someone while still legally married to another person.

What is bigamy?

Bigamy is the crime of entering into marriage with someone while still being legally married to another person. It is a criminal offence in the UK and is punishable by up to 7 years in prison under the Marriage Act 1949. It only applies to legally recognised marriages – civil partnerships are dealt with separately.

Is it a criminal offence to commit bigamy in the UK?

Yes, it is an offence which can be punished by a prison sentence.

Is it possible to enter into a second legal marriage in the UK?

No. It is automatically void.

Is it a defence against a charge of bigamy if the accused was unaware they had committed the offence?

Yes, if you can prove that you believed your previous spouse had died or were divorced (eg: a divorce was granted but not yet final).

What is the difference between bigamy and adultery?

Bigamy is a legal concept and involves a formal marriage. Adultery is having sexual intercourse outside of marriage, and is not a crime.

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