The De Bigamis law, derived from the 4 Edw. st. 3 statute, pertained to men who engaged in bigamy, or the act of marrying two people simultaneously. It also encompassed men who married widows or remarried. Offenders could face punishment under church law.
The term “bigamis” is a Latin term that means “concerning men twice married.” It refers to a statute called 4 Edw. st. 3, which is named after the opening words of the fifth chapter. A “bigamus” is a person who commits “bigamy,” which is the act of marrying someone while still being legally married to someone else. In the past, “bigamus” also referred to a man who married a widow or remarried. Under ecclesiastical law, a “bigamus” could be denied the benefit of clergy. For example, John married Mary but never got a divorce from his first wife. Later, he married Jane without informing her about his first marriage. John is considered a “bigamist.” Another example is Henry, who married a widow named Anne after his first wife died. According to historical usage of the term, Henry is also a “bigamus.” These examples demonstrate that a “bigamus” is someone who commits bigamy or marries a widow/remarries. In both cases, the individuals were married to more than one person at the same time, which is illegal and considered a form of fraud. Although the term “bigamus” is not commonly used today, it holds historical significance in the context of marriage and the law.
Yes, bigamy is illegal in most countries and is considered a criminal offense.
The legal consequences of bigamy can include fines, imprisonment, and the annulment of the second marriage.
Yes, ignorance of the first spouse’s existing marriage is not a defence in a bigamy case.
Yes, if a person is legally married in a country where polygamy is allowed and then enters into a second marriage in a country where it is not, they can still be charged with bigamy.
Yes, in most jurisdictions, a religious marriage ceremony without legal registration still constitutes a valid marriage for the purposes of bigamy laws.
Yes, if a person remarries before their divorce is finalized, they can be charged with bigamy.
In some jurisdictions, a person may be able to argue that their first spouse is legally presumed dead and therefore remarry without being charged with bigamy.
Yes, regardless of the gender of the spouses, entering into a second marriage while still legally married to another person constitutes bigamy.
Yes, common-law marriages are considered legally binding in many jurisdictions, and entering into a formal marriage with someone else while still in a common-law marriage can result in a bigamy charge.
Yes, failing to disclose a previous marriage when entering into a second marriage can still result in a bigamy charge.
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This glossary post was last updated: 17th April 2024.
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