Bigamy
A marriage is void where either party is already lawfully married and is considered in law as being void i.e. it never existed and is not valid. On that basis a decree is not needed to end the marriage. However, as a decree is needed if ancillary relief (financial) Orders are required it is important that either Decree Absolute or a Decree of Nullity is obtained.
A Decree of Nullity is the usual course of action that would be followed. A marriage can be annulled if for any reason it is not valid and this can be done by the presentation of a nullity petition. Once the Court has issued the Decree of Nullity, there are no further requirements to end the marriage as with divorce, which requires Decree Nisi followed by Decree Absolute.
In divorce there is a procedure known as the 'Special Procedure' available for undefended suits, which is simple and inexpensive. There is no equivalent for nullity cases and every case must be held in open Court, which adds to the cost, potential publicity, and stress.
A party to an annulled marriage has exactly the same entitlement of financial provision as a party to a marriage terminated by divorce. The test is whether the bigamist knowingly deceived the other party or whether they genuinely believed that they were free to marry.
If the bigamist knew that they were still married then they have committed the crime of bigamy and it is unlikely that they would be entitled to ancillary relief. If they were entitled then it is likely the award might be reduced by virtue of his conduct s.25 (2) (g) MCA 1973.
If they genuinely believed that they were free to marry then they would be entitled to ancillary relief in the normal way.
If these matters effect you please complete a contact form or call us directly on 01483 302 000 or email samantha.jago@www.rhw.co.uk
