Would This Be Bigamy?

[tearinghair]

A hypothetical question, arising from a book I've just read: If a person is officially declared dead and the widow/widower subsequently re-marries, is that marriage legal if the 'dead' person later turns up?

[EDDIE51]

Once a person is legally 'dead' any marriage they had would be legally over, so the remaining partner is free to remarry . If it turned out that the person was not dead their marriage is still over. The partners 2nd marriage is still legal . Not a situation that is likely to occur in real life, though stranger things have happened.

[tearinghair]

Thank you, Eddie51. I guessed that might be the case, but it was an interesting point. Not sure if a single answer can count as 'best', but you've told me exactly what I needed to know so I'll try it.

[Peter Pedant]

bigamy involves and intention to marry whilst knowingly being married

so no it would not be bigamy

The civil contracts have to be unwound which can be fun - they come into the category of 'voidable'

in a bigamous marriage the bigamous partner cannot lawfully enter into a contract that involves being married and yet the innocent partner can !