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Would This Be Bigamy?

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tearinghair | 07:25 Sat 28th Feb 2015 | Law
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A hypothetical question, arising from a book I've just read: If a person is officially declared dead and the widow/widower subsequently re-marries, is that marriage legal if the 'dead' person later turns up?
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Once a person is legally 'dead' any marriage they had would be legally over, so the remaining partner is free to remarry . If it turned out that the person was not dead their marriage is still over. The partners 2nd marriage is still legal . Not a situation that is likely to occur in real life, though stranger things have happened.
08:10 Sat 28th Feb 2015
Once a person is legally 'dead' any marriage they had would be legally over, so the remaining partner is free to remarry . If it turned out that the person was not dead their marriage is still over. The partners 2nd marriage is still legal . Not a situation that is likely to occur in real life, though stranger things have happened.
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Thank you, Eddie51. I guessed that might be the case, but it was an interesting point. Not sure if a single answer can count as 'best', but you've told me exactly what I needed to know so I'll try it.
bigamy involves and intention to marry whilst knowingly being married

so no it would not be bigamy

The civil contracts have to be unwound which can be fun - they come into the category of 'voidable'

in a bigamous marriage the bigamous partner cannot lawfully enter into a contract that involves being married and yet the innocent partner can !

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