Bigamy - Legal Situation - By Country

By Country

  • Australia: Illegal under the Marriage Act 1961, sect 94. Maximum penalty 5 years imprisonment.
  • Belgium: Illegal under the "strafwetboek" article 391 Minimum of 5 years and a maximum of 10 years.
  • Brazil: Illegal under the Penal Code, Art. 235. Punishment ranges from two to six years of imprisonment.
  • Canada: Illegal under the Criminal Code, sect 293.
  • China: Illegal (but tolerated for some minorities, such as Tibetans, in some rural areas in the South West) .
  • Colombia Illegal with exceptions (such as religion). Although bigamy no longer exists as a lone figure in the Colombian judicial code marrying someone new without dissolving an earlier marriage may yield to other felonies such as civil status forgery or suppression of information.
  • Egypt: Legal if first wife consents
  • Eritrea: Illegal. Up to 5 years imprisonment
  • All the 27 countries of the European Union (see special note for the United Kingdom): Illegal.
  • Iceland: Illegal according to the Icelandic Act on Marriage No. 31/1993, Art. 11.
  • Ghana: Illegal. Up to six months imprisonment.
  • Republic of Ireland: Bigamy is a statutory offence. It is committed by a person who, being married to another person, goes through a ceremony capable of producing a valid marriage with a third person. The offence is created by section 57 of the Offences against the Person Act 1861. This section replaces section 26 of the Act 10 Geo. 4 c. 34 for the Republic of Ireland.
  • Israel: Illegal. Up to 5 years imprisonment
  • Iran: Legal with consent of first wife, rarely practiced.
  • India: Legal only for Muslims. Up 10 years of imprisonment for others.
  • Libya: Illegal. Possible 5 years of imprisonment
  • Malaysia: Permitted for Muslims; required to obtain judicial consent, show financial capability, and several strict conditions. Some variation in law between states (family law relating to non-Muslims is under federal jurisdiction).
  • Maldives: Permitted for anyone.
  • Malta: Illegal under the Marriage Act of 1975, section 6.
  • Netherlands: Illegal. Up to 6 years imprisonment. If the new partner is aware of the bigamy he or she can be imprisoned for a maximum of 4 years.
  • New Zealand: Illegal under section 205 of the Crimes Act 1961. Up to 15 years imprisonment.
  • Morocco: Permitted for Muslims, restrictions apply.
  • Pakistan: Polygamy in Pakistan is permitted with restrictions.
  • Saudi Arabia: Bigamy or Polygamy is legal.
  • South Africa: Legalized for indigenous, black traditionalists by the Customary Marriages Act 120 of 1998.
  • Tunisia: Illegal. Up to 5 years imprisonment
  • Turkey: Illegal. Up to 5 years imprisonment
  • United Kingdom: Illegal, although marriages performed abroad may be recognised for some legal purposes (see Polygamy in the United Kingdom).
In the United Kingdom a person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.
  • United States: Illegal in all 50 states. Penalty up to 5 years. (but see Polygamy in North America)
In the United States, the Model Penal Code (section 230.1) defines bigamy as a misdemeanor and polygamy as a felony. Having more than one spouse at the same time gets classified as polygamy, and bumped to a felony, if it is done "in purported exercise of a plural marriage..." According to Joel Feinberg in Moral Limits of the Criminal Law: "Righteously, flaunting one's illicit relationships, according to the Code, is apparently a morally aggravating circumstance, more punishable than its clandestine and deceptive counterpart."
  • Uzbekistan: Illegal.

Read more about this topic:  Bigamy, Legal Situation

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