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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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Is it bigamy in the UK if the second wife knew of the first

Customer Question

Is it bigamy in the UK if the second wife knew of the first marriage (of convenience) and was instrumental in setting it up and was also the witness at the first ceremony in Australia. The second marriage was in the UK
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any dispute that you were married twice?
Customer: replied 3 years ago.
My second wife is trying to use the first marriage which she was aware of and signed as a witness to get the marriage in the UK void on the grounds of bigamy to prevent a settlement
Expert:  Jo C. replied 3 years ago.
Thanks.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

Im afraid that is bigamy. The fact that she knew about it just means that she probably committed a secondary offence of assisting an offender. It doesn't make the marriage legitimate.

If you were married in the first ceremony then the second is void and will be set aside and it was a bigamy I'm afraid.

It would be stupid of her to report it if she encouraged the offence but it doesn't change the fact that it amounts to bigamy.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Even if it has been 10 years between the marriages and the first spouse in Australia could not be located
Expert:  Jo C. replied 3 years ago.

The time delay is no issue. Its an indictable offence so delay is not an issue.

They do not have to produce the first wife. They just have to show she was a different person and you were not divorced which is usually easy enough to do by reason of the earlier certificates.
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/