The Crimes Act makes it an offence to be married to two different people at the same time. This is commonly known as the offence of ‘bigamy.’
However, you may also be charged with a criminal offence if you participate in bigamy – that is, if you marry somebody who you know to be already married.
You can be charged with this offence even if you yourself are not already married.
The maximum penalty for this offence under the Crimes Act is 5 years imprisonment.
If you are alleged to have participated in bigamy, you may also be charged with an offence under section 94 of the Marriage Act 1961 (Cth).
The maximum penalty for participating in bigamy under the Marriage Act is also 5 years imprisonment.
However, you may be able to raise a defence to the charges if you are able to prove that you did not know that the other person was married, and that this belief was reasonable.
While the maximum penalties for participating in bigamy may seem onerous, our expert criminal defence team can assist you in avoiding these heavy penalties under the law.