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Bigamy

including wills and probate
didds
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Bigamy

#193698

Postby didds » January 15th, 2019, 1:05 pm

Watching the BBC mini series "Mrs. Wilson" recebntly brought something to me attention I never knew.

That if a married person marries somebody else (not married alre4ady!) then BOTH parties are "bigamists" - even though the previously non married partner may have absolutely no knowledge of the other's existing marriage.

I also appreciate that ignorance is not defence etc in the eyes of the alw... but are "innocent" 9and duped!) partners REALLY potentially liable to penalty/prison/punishment for entering a bigamous "marriage" despite their total lack of knowledge etc ?

didds

swill453
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Re: Bigamy

#193723

Postby swill453 » January 15th, 2019, 1:58 pm

didds wrote:Watching the BBC mini series "Mrs. Wilson" recebntly brought something to me attention I never knew.

That if a married person marries somebody else (not married alre4ady!) then BOTH parties are "bigamists" - even though the previously non married partner may have absolutely no knowledge of the other's existing marriage.

In googling for the relevant legislation and associated commentary, I can't immediately find anything to support that position.

Most of it indicates it's the person with multiple marriages that's committing the offence.

Scott.

didds
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Re: Bigamy

#193724

Postby didds » January 15th, 2019, 2:01 pm

... which is entirely my (previous?) belief and fits with any concept of natural justice.


cheers

didds

Clitheroekid
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Re: Bigamy

#193731

Postby Clitheroekid » January 15th, 2019, 2:22 pm

didds wrote:That if a married person marries somebody else (not married already!) then BOTH parties are "bigamists" - even though the previously non married partner may have absolutely no knowledge of the other's existing marriage.

This is wrong.

The offence of bigamy is created by section 57 of the Offences Against The Person Act 1851.

It states (my emphasis):

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 felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for any term not exceeding seven years . . . (http://www.legislation.gov.uk/ukpga/Vic ... ing/bigamy)

So only a person who is already married when they marry can be convicted of bigamy.

didds
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Re: Bigamy

#193738

Postby didds » January 15th, 2019, 2:38 pm

Cheers all!

Confusiuon cleared :-)

didds

Lootman
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Re: Bigamy

#193743

Postby Lootman » January 15th, 2019, 2:48 pm

didds wrote:even though the previously non married partner may have absolutely no knowledge of the other's existing marriage.

Every now and then a case emerges of a man (women don't seem to do this) who has two or more wives, and even separate sets of children, and none of the wives know about each other. It seems very odd to me that each wife would not suspect anything, but it happens.

Arthur Miller's play "The Ride Down Mount Morgan" is predicated on such a situation. The anti-hero has a car accident and both of his wives arrive at his hospital room, unaware of each other's existence. It's highly entertaining in a tragi-comic way.

ReformedCharacter
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Re: Bigamy

#193759

Postby ReformedCharacter » January 15th, 2019, 3:43 pm

Lootman wrote:
didds wrote:even though the previously non married partner may have absolutely no knowledge of the other's existing marriage.

Every now and then a case emerges of a man (women don't seem to do this) who has two or more wives, and even separate sets of children, and none of the wives know about each other. It seems very odd to me that each wife would not suspect anything, but it happens.

Arthur Miller's play "The Ride Down Mount Morgan" is predicated on such a situation. The anti-hero has a car accident and both of his wives arrive at his hospital room, unaware of each other's existence. It's highly entertaining in a tragi-comic way.


Yes, it does happen. A friend of my wife met 'the other family' when his father was dying in hospital. Not an easy situation at the best of times and that wasn't...

RC

Maroochydore
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Re: Bigamy

#193853

Postby Maroochydore » January 15th, 2019, 10:16 pm

To quote Oscar Wilde: Bigamy is having one wife too many. Monogamy is the same.

melonfool
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Re: Bigamy

#195146

Postby melonfool » January 20th, 2019, 9:41 pm

I *think* if the second 'wife' knows, she can be an 'accomplice'?

We had one in a place I worked, years ago - had three 'wives' all with kids. He died suddenly and the trustees of the pension scheme had to decide where to pay his death in service benefit, he had nominated one of the later 'wives' but as she was not a 'wife' and he had an actual wife (the first one) they had to override it. I think they split it according to the number of kids per 'wife'.

I use this example all the time of why people should fill in the forms, keep them up to date but also understand that the trustees have to make the actual decision and only take the nomination as a guide :lol:


He hid it easily as he was a regional engineer, so away all the time....probably about 66% of the time I expect.... He also did tons of overtime, which presumably was how he afforded the three lives but may also have been what led to his demise!

Mel


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