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The Accidental Bigamist

Aug 28, 2015

Carr & Co

When John and Mary separated after 20 years of marriage, both left on good terms. John got to keep what he wanted and Mary received enough to secure herself financially. However John and Mary forgot to lodge an Application for Divorce at the Family Court, as they were preoccupied with dealing with their financial matters.

After separation John met Suzie, and they hit it off from the start, a true love story. After supporting John through the financial proceedings with Mary, John proposes to Suzie. They plan a lavish overseas wedding and an extravagant honeymoon. What John doesn’t realise is that he is unwittingly going to commit the crime of bigamy.

Bigamy you say, what on earth is that? Well it is a crime that describes the situation when a person is married to more than one person at the same time. You may laugh at that statement, as why would anyone would want to be married to more than one person, but it is a real possibility in this scenario.

If only John and/or Mary had instructed their lawyers to file a Form 3 Application for Divorce, or do it themselves, John would not be in this situation.

If found guilty, John faces the maximum penalty of 5 years imprisonment under s.94(1) of the Marriage Act 1961 Cth.

How can you avoid being an accidental bigamist? By seeking quality and sound advice that ensures that you do not fall into the same trap as John did.