Bigamy is marrying someone who is already legally married and is treated as a criminal act in many parts of the world. Penalties range from fines to prison sentences, with fines ranging from $5,000 to $10,000 USD. Proof of death or divorce is required for a marriage license to avoid accidental bigamy.
Bigamy is generally defined as the crime of marrying a person who is already legally married. While not considered a crime in all regions, bigamy is widely treated as a criminal act in much of the world. Penalties for bigamy range from fines to substantial prison sentences, although the specific penalties vary by region.
Penalties for bigamy have actually dropped significantly over the years in some places. In the 19th century, up to seven years of penal servitude, including deportation to Australian penal colonies, were among the possible penalties for bigamy in England, Ireland and Scotland. Branding, whipping, and even capital punishment have been proscribed punishments for bigamy throughout history, although how often these punishments have been used is not well recorded. In medieval Spain, not only could bigamists face branding, but also be subject to state seizure of their property and offspring, before being relegated to exile for up to five years.
In societies where the practice is frowned upon, the penalties for bigamy have always been quite stiff. A bigamist is essentially perpetrating fraud against the state, causing a breakdown in record keeping and, in some cases, disrupting the practice of probate and probate laws. Furthermore, if the second spouse is unaware of a previous marriage that is still valid, the bigamist can also be regarded as the one who pressured him into entering into a legal agreement under false pretenses, which may be another form of fraud.
Jail is one of the most common penalties for bigamy. In many jurisdictions, the crime is considered a high-level misdemeanor or a low-level felony and can result in prison terms of between one and ten years, depending on the region. In the United States, the penalties for bigamy are determined at the state level and can be very different depending on the jurisdiction.
Fines are another common means of penalizing a bigamist. While exact amounts vary, many fine structures range between $5,000 and $10,000 US Dollars (USD). Additional payments may be awarded to a guilty defendant, such as the plaintiff’s court costs and attorney fees. These fines can be issued in conjunction with jail time or in lieu of imprisonment.
Not all jurisdictions define the terms of the offense in exactly the same way. In some regions, it must be proven that the defendant was fully aware that he was still legally involved in a previous marriage. This kind of distinction helps rule out cases where a defendant never intended to commit a crime, but by mistake or misunderstanding, had not completely dissolved a previous marriage before entering into a new partnership. In many jurisdictions, it is necessary to present proof of the death of a former spouse or final decree of annulment or divorce to obtain a marriage license, especially to eliminate cases of accidental bigamy.
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