Most people would say that being married to one person is exhausting enough, but for some, being married to multiple people is a reality. More commonly known as bigamy, being married to one person whilst still being married to another is sometimes due to a misunderstanding, or it could be done knowingly. No matter how it was done, it doesn’t make the impact any less upsetting, confusing, and hurtful to everyone involved.
In this guide, our divorce experts explain what it means to be a bigamist, the legal implications, and what to do if you think you could be in a bigamous marriage.
What is bigamy?
Bigamy is when one person is legally married to multiple people. In reality, this would mean you have two spouses at the same time! As you can only be legally married to one person at a time, the second marriage is typically invalid.
Back in the day, bigamy was extremely common – so much so that from 1850-1950, there were over 22,000 recorded bigamy offences. A lot of bigamous marriages occurred during and after both World Wars, with people not knowing if their spouse was still alive.
These days, there are only around 70 cases reported each year, most of them being men.
What is a bigamist?
Whilst bigamy is the act of marrying multiple spouses, a bigamist is the person who marries another person without first getting a divorce or annulment.
Even if it is done unknowingly, being a bigamist is a crime under UK law.
How does bigamy differ from polygamy?
We understand that there is often some confusion between bigamy compared to polygamy. Although they are both legally not recognised in UK law, the main differences between the two are:
- Bigamy: Being married to multiple people, often without the other parties knowing.
- Polygamy: Having multiple partners, with everyone having a clear understanding of this.
Both options are illegal in most countries – however, polygamy is sometimes more accepted due to religious or cultural beliefs. For example, having multiple partners is allowed under Islamic beliefs (up to four wives that are all treated equally). It’s worth noting that even with this, the UK law doesn’t recognise multiple marriages.
Could you be in a bigamous marriage without knowing?
Yes, there is a definite chance you could be in a bigamous marriage unknowingly – whether as the married spouse(s) or the bigamist. This could be for a number of reasons:
- Your spouse has not declared that they are married to another person
- The bigamist genuinely thought their previous marriage was legally finished
- The first marriage was legally void
Another question people often ask is: Is it bigamy if I’m separated from my ex-spouse? We understand that this is a confusing topic, and technically, yes, it is still bigamy despite separation. If you want to find out more, check out our blog!
Can you commit bigamy in a civil partnership?
Technically, you cannot commit bigamy whilst in a civil partnership due to the legal differences between a civil partnership and marriage. Simply put, bigamy can only occur in marriages. This means that civil ceremonies are exempt. However, it can lead to different legal issues.
You legally cannot marry someone else until your civil partnership dissolution is complete. Otherwise, your marriage will be void, and you may face legal implications due to giving false information. Therefore, it is essential to ensure that your previous legal union – whether that be through divorce or dissolution – is finalised.
If you need help formally ending your civil partnership, our solicitors are here to help.
Is bigamy illegal in the UK?
Yes, bigamy is illegal in the UK and has been since 1604. Originally, the act was punishable by death, but modern penalties were introduced in 1861. Under Section 57 of the Offences Against the Person Act of 1861, it states:
“Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of an offence, and being convicted shall be liable to imprisonment for any term not exceeding seven years.”
Basically, the meaning of bigamy is if you marry someone whilst still being married to another. This is true regardless of where the second marriage takes place.
The sentencing for bigamy is 7 years in prison in the Crown Court, or if it is tried in a Magistrates Court, it is a 6-month sentence and/ or a fine.
Are there any exceptions to bigamy?
The UK law does allow for some exceptions to bigamy. However, you need to have proof that you had a reasonable belief that you were able to marry freely.
- Spouse believed missing or dead: If the person’s original spouse has been thought to be either missing or dead for 7 years, the person can legally remarry without it being considered bigamy.
- The first marriage is void: If the courts deem the first marriage invalid (potentially due to not meeting legal requirements), under the eyes of the law, it never existed in the first place. Therefore, if the first marriage is invalid, there’s no bigamy.
- The second marriage was to a non-British citizen: The law excludes marriages from outside of England or Ireland by someone who is not a British subject. However, this is an exception that rarely applies today.
Hear from one of our lawyers on bigamous relationships
Zanariah Webster, a Senior Associate at our London law office, says:
“It can be easy to overlook or dismiss the significance of ending a marriage legally by believing that intentions are sufficient, especially in cases where parties have a separated for a significant period.
“In one case, a client was separated for over 5 years, met someone new and planned and booked a wedding venue only to realise he was still legally married to his wife. After advising him on bigamy laws, he agreed to a financial order with his first wife and swiftly applied for a final order.
“He lost the deposit on the wedding venue, however, the alternative would have been a criminal record. This shows the significance of ensuring your divorce has been legally finalised.”
7 reasons why bigamy happens
It’s important to note that bigamy isn’t always deliberate – mistakes can happen. Or the truth may be more complex than originally thought.
1) Truthful deception
It may not always be how it plays out, but sometimes, people hide their past marriages and knowingly become bigamists.
There could be a number of reasons for this:
- Avoiding divorce: It’s no secret that the divorce process can sometimes be extremely lengthy and costly, and someone may not want to enter this.
- Maintain assets: It could be that the bigamist may know they would have to share some of their assets with their ex-spouse due to a lack of a financial order or prenuptial agreement, so they may want to avoid divorce to maintain their assets.
- Financial gain: In a similar vein, people may become bigamists to gain financial benefits, such as inheritance, property, or tax.
- Wanting multiple relationships: If the bigamist travels often for work, they may have different relationships in the various cities or countries they visit.
2) Genuine mistake
On the flip side, people can get into multiple marriages by accident. We know – how does someone not know that they’re married?! Well, there are a few ways:
- They got married abroad and thought their marriage was invalid
- They thought their divorce had been legally finalised when it hadn’t
- They thought their ex-spouse was dead or missing
- They thought being separated from their ex-spouse was enough to allow them to remarry
With this in mind, you can begin to understand how some people do unknowingly commit bigamy.
3) Differences in cultures
In certain areas of the world, like Africa, the Middle East, and Asia, bigamy is legal. Most commonly due to religious and cultural beliefs.
If they then move to another country, such as the UK, they may not realise that having multiple marriages is illegal in their new country.
4) Legal administrative mistakes
It doesn’t happen very often, but sometimes, someone may think that their divorce is finalised when it’s not. For example, if legal papers haven’t been filed properly or an international divorce isn’t recognised in the new country they’ve moved to.
5) Unmet needs
We all know that sometimes, relationships begin to fizzle out. When this happens, people may start looking elsewhere for the affection or connection they aren’t receiving in their marriage.
For some, it may simply be just an emotional affair, but for others, it could lead to a whole other relationship.
6) Immigration purposes
Most often seen in films or on TV, but people may get married in order to grant one party legal residency or citizenship in a country. They may do this even though they are married in another country, too.
Of course, there are serious legal issues with this – not just bigamy.
7) Psychological reasons
People may be driven to have multiple relationships due to psychological reasons. For example, people who have a fear of abandonment or an insecure attachment style may be more likely to be a bigamist.
What to do if you find yourself in a bigamous relationship
We understand that realising you could be in a bigamous marriage is extremely unsettling. You’re upset, stressed, and not sure where to begin. This is why our legal experts have shared what to do if you find yourself in this situation.
Of course, there are two sides to every relationship. Therefore, we’re going to explain what to do if you find yourself in a bigamous relationship from both sides.
| What to do | The Bigamist | The Other Partner |
| Confirm relationship status | Understand if the first marriage is valid | Check your spouse’s legal marital status |
| Seek legal advice | Speak to a solicitor to understand your situation | Reach out to a family lawyer to explain your position |
| Plan what corrective steps to take | Either divorce or annul your first marriage | Consider if you want to annul your marriage |
| Honest communication | You need to be honest with both/ all of your spouse’s regarding your position | Make sure to ask clear questions and keep notes of the responses |
| Understand legal implications | Recognise and understand that you may be punishable by law | You can report bigamy to the police |
If I choose not to report bigamy, is that a crime?
Technically, it is not a crime if you choose not to report bigamy – even if you know of it. So, you can rest assured that you’re not breaking the law. However, this changes if you help to cover it up.
Think you could be in this situation? We’re here to help
If you believe you could be in a bigamous marriage, we understand you may be feeling like you’re spiralling. You need a team you can rely on to provide unwavering support and discreet help. That’s where we come in.
Our family lawyers offer all of our clients a tailored solution to their unique needs, so you can trust we are here for you every step of the way. Reach out to our law experts today to find out how we can help you.
