Going to Court? Book Your Free First Appointment

Bigamy

Bigamy is an offence under section 92 of the Crimes Act 1900 which carries a maximum penalty of 7 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that you legally married a person while legally married to another person.

You are not guilty of the offence if you are able to establish ‘on the balance of probabilities’ that at the time of your subsequent marriage your first spouse had been ‘continually absent’ for 7 years, or in the event that your first spouse was living in New South Wales, that he or she was ‘continually absent’ from the state for 5 years and you believed, on reasonably grounds, that he or she was deceased.

The meaning of ‘continually absent’ is a matter of fact to be determined by the court.

Duress is a defence to the charge.

What Our Clients Say SEE ALL

  • ★★★★★

    Extremely helpful

    Great company, highly recommended. Prompt, professional, courteous and knowledgeable. Extremely helpful.

  • ★★★★★

    Very responsive

    Fahim Khan is very professional and very knowledgeable. He provides advice in a timely manner…

  • ★★★★★

    2 charges of Common Assault

    I was represented by Fred Cao for a legal matter of 2 charges of Common…

  • ★★★★★

    Second serious offence

    Kent Park represented my son on his second serious offence recently. From the start Kent…

Going to Court? Call For Your Free First Appointment