Concept

Bigamy

In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. In the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. Bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. If the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws. Bigamy is a crime in most countries that recognise only monogamous marriages. When it occurs in this context often neither the first nor second spouse is aware of the other. In countries that have bigamy laws, with a few exceptions (such as Egypt and Iran), consent from a prior spouse makes no difference to the legality of the second marriage, which is usually considered void. Even before Christianity became the official religion of the Roman Empire, Diocletian and Maximian passed strict anti-polygamy laws in 285 AD that mandated monogamy as the only form of legal marital relationship, as had traditionally been the case in classical Greece and Rome. In 393, the Roman Emperor Theodosius I issued an imperial edict to extend the ban on polygamy to Jewish communities. In 1000, Rabbi Gershom ben Judah ruled polygamy inadmissible within Ashkenazi Jewish communities living in a Christian environment. Legal status of polygamy Most western countries do not recognise polygamous marriages, and consider bigamy a crime. Several countries also prohibit people from living a polygamous lifestyle. This is the case with the United States where the criminalisation of a polygamous lifestyle originated as anti-Mormon laws, although they are rarely enforced. De facto polygamy is illegal under US federal law, the Edmunds Act.

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