B. Between Two Single People

Neither party can be already married. So they must both be either single, widowed or divorced. If one party is divorced, the final decree of divorce must have been obtained (the decree absolute). If either is married at the time of the ceremony the marriage will be void and the offence of bigamy will have been committed. In fact, bigamy prosecutions are relatively rare these days because the police do not prosecute if the sole purpose was to allow the couple to live respectably as man and wife. Only 20 per cent or so of bigamy cases are prosecuted. Obviously if the bigamist was acting maliciously or fraudulently then he or she would be prosecuted.

Problems arise when a married person separated from the other spouse many years ago and now wishes to remarry. To avoid the risk of a bigamy prosecution, the court should be asked to grant a decree of presumption of death and divorce, or to grant a divorce based on five years' separation.

Unless such an order is obtained there is always a risk that the second marriage will be bigamous, although there is a special defence for those who have not heard from their spouse for at least seven years and who have no reason to suppose that he or she is still alive. This defence, even if it reduces the risks of a bigamy conviction, may not be enough to save the second marriage. Almost certainly, the second, bigamous, marriage will be null and void, so the couple will be in the same position as if they had never been married.

Notes

party — сторона

be widowed — овдоветь

decree of divorce — постановление суда о разводе

obtain - приобретать

void — делать недействительным, аннулировать (проступок,

нарушение)

bigamy — бигамия, двоеженство prosecution - судебное преследование relatively — относительно sole purpose — единственная цель maliciously — предумышленно fraudulent(ly) — обманный, мошеннический spouse — супруг grant — предоставлять presumption — презумпция suppose — предполагать reduce — снижать, уменьшать conviction — признание виновным, осуждение null and void — потерявший законную силу