When it comes to marriage, the law is clear: you cannot legally marry someone if you are still married to another person. Yet, the phenomenon of bigamous marriage persists, often resulting in complex legal and personal consequences. Let’s unpack what a bigamous marriage entails, its legal implications, and what you need to know to avoid falling into this trap.

What is a Bigamous Marriage?

A bigamous marriage occurs when a person enters into a second marriage while their first marriage is still legally valid and undissolved. This is not just a technicality; it is a criminal offense in many jurisdictions, including the Philippines, where bigamy is punishable under the Revised Penal Code.

Simply put, if you marry someone while still legally married to another, that second marriage is considered invalid from the start. The law treats the second union as if it never legally existed.

Legal Consequences of a Bigamous Marriage

Criminal Charges

In the Philippines, knowingly entering into a bigamous marriage can lead to prosecution. The penalties are severe, including imprisonment ranging from six years and one day to twelve years. This criminal liability applies to both Filipino citizens and foreigners who marry Filipinos without dissolving previous marriages.

Civil Nullity of the Second Marriage

The law automatically renders the second marriage void ab initio—meaning it has no legal effect from the beginning. This nullity affects property rights, inheritance, and other legal entitlements that would normally arise from a valid marriage.

Civil Liability and Damages

Beyond criminal penalties, the offending party may also be liable for damages to the first spouse. This can include emotional distress and financial compensation, adding another layer of legal risk to bigamous marriages.

Special Circumstances and Exceptions

There are rare exceptions where a bigamous marriage might not lead to criminal liability:

• Good Faith Belief of Death: If a person genuinely believes their spouse has died based on reasonable grounds, they may avoid prosecution.
• Subsequent Annulment or Nullity: If the first marriage is annulled or declared void after the second marriage, the legal situation becomes complex and usually requires judicial intervention.

Impact on Children from a Bigamous Marriage

Interestingly, children born from a bigamous marriage are generally considered legitimate under Philippine law if the parents believed in good faith that their marriage was valid. These children have rights to inheritance, support, and to use their father’s surname.

This provision protects the welfare of children despite the legal invalidity of their parents’ marriage, which is a crucial consideration for families caught in these circumstances.

Practical Advice: Avoiding the Pitfalls of Bigamous Marriage

• Confirm the Status of Your Previous Marriage: Before remarrying, ensure your previous marriage has been legally dissolved through annulment, divorce (where applicable), or death.
• Seek Legal Counsel: Family law can be complicated, especially when it involves foreign nationals or cross-border issues. Professional legal advice is essential.
• Understand the Consequences: Entering into a bigamous marriage can lead to criminal prosecution, civil liabilities, and social stigma. Awareness is your best defense.

Conclusion

A bigamous marriage is more than just a legal misstep—it carries serious criminal and civil consequences. The second marriage is automatically void, and the parties involved may face imprisonment and damages. Protect yourself and your loved ones by ensuring all previous marriages are legally terminated before entering a new union.

For a deeper dive into the legal framework and how to navigate these issues, visit this comprehensive resource on bigamous marriage.

By understanding the gravity and implications of bigamous marriage, you can make informed decisions and safeguard your legal and personal interests. Don’t let a lack of knowledge lead to unintended consequences—stay informed and seek expert advice!