Film, Media & TV4 mins ago
Why is bigamy illegal?
38 Answers
Looking at a recent thread it occurs to me that it's a little odd that Bigamy is illegal.
Marriage is after all a civil arrangement between people does enforcing a particular form of that arrangement with the full weight of the law really make sense?
We are after all now in an era of Gay marriage
Obviously there are practical implications like tax and benefits etc. but these could easilly be accomodated with some rule changes.
Does bigamy really warrent being a criminal offense ?
Marriage is after all a civil arrangement between people does enforcing a particular form of that arrangement with the full weight of the law really make sense?
We are after all now in an era of Gay marriage
Obviously there are practical implications like tax and benefits etc. but these could easilly be accomodated with some rule changes.
Does bigamy really warrent being a criminal offense ?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Well seems a historical thing 1861 offenses against the person act.
There are some cases here:
http:// www.cps .gov.uk ...enci ng_manu al/biga my/
One seems to have been prosecuted under it in order to catch him for collusion in an immigration fraud - but that seems entirely the wrong charge to bring - should have been charged with some sort of conspiracy offense.
Another seems to have married lots of women and I get the feeling that the offence is in some way related to fraud.
I suppose legalising Bigamy where both partners knew the status of each other would certainly lower the divorce figures!
There are some cases here:
http://
One seems to have been prosecuted under it in order to catch him for collusion in an immigration fraud - but that seems entirely the wrong charge to bring - should have been charged with some sort of conspiracy offense.
Another seems to have married lots of women and I get the feeling that the offence is in some way related to fraud.
I suppose legalising Bigamy where both partners knew the status of each other would certainly lower the divorce figures!
There is no logical reason. The Church had it as a sinful act. Bigamy sometimes involves fraud of the innocent 'spouse' but that would be covered by the general law of fraud; the fraudulent representation now being that the defendant's spouse was dead, or non-existent, or divorced from the defendant, with the consequence that the second 'spouse' acted to their own detriment.It would still be fraud to dishonestly make a false statement about marital status if the law allowed everyone more than one spouse , it's just that the statement would be about the number of spouses, not just the absence of any spouse.
Can't see that having a second spouse is, in itself, does any harm from which individuals or the general public needs to be protected.
Can't see that having a second spouse is, in itself, does any harm from which individuals or the general public needs to be protected.
If slapping someone around the face is an offence, then I don't see why marrying someone else behind their back shouldn't be. I know which would hurt me more, and for longer. Possibly this could be covered by another crime such as "mental torture" or "fraud", but to keep things black and white it seems sensible to have a law that simply covers bigamy.
Beyond that, I think so much of the laws of our country are bound up in the historic institution of a monogamous marriage - rights and responsibilities while living, inheritance once dead, etc. - that preserving the status quo is the simplest, cheapest option. Politicians strive to promote the family as being good for society and the country as a whole. Legalising polygamy would hardly reinforce this message.
Beyond that, I think so much of the laws of our country are bound up in the historic institution of a monogamous marriage - rights and responsibilities while living, inheritance once dead, etc. - that preserving the status quo is the simplest, cheapest option. Politicians strive to promote the family as being good for society and the country as a whole. Legalising polygamy would hardly reinforce this message.
Preventing someone from marrying more than one person doesn't limit the number of children they have, it just puts all of those children on an equal footing. My ex's new man used to have a polygamus relationship several years ago and it's interesting how friendly, relaxed and well adjusted their extended family are, perhaps because there is a lack of jealousy which monogamy only reinforces.
Whatever the moral issues, it starts getting complicated when it comes to inheritance laws, I would have thought. If a bigamist dies intestate, then the estate would go to the first (legal) spouse and children of that marriage. The second (illegal) spouse has no rights, just as they wouldn't if they hadn't gone through any marriage ceremony.
It's not just about letting men have a harem.
If you legalise bigamy, in theory people could then have multiple marriage partners, and those partners could have multiple other partners of their own.
It sort of makes the whole thing a bit pointless, not to say somewhat complicated when it comes to divorces and deaths.
If you legalise bigamy, in theory people could then have multiple marriage partners, and those partners could have multiple other partners of their own.
It sort of makes the whole thing a bit pointless, not to say somewhat complicated when it comes to divorces and deaths.
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