ARTICLE · 13 FEBRUARY 2023

What is bigamy?

JB Solicitors

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Bigamy, when a married person marries another living person at the same time, is illegal in Australia.

AustraliaFamily and Matrimonial

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Bigamy is a type of relationship that allows a person to have multiple partners legally. But is it legal in Australia? No. According to Section 94B of the Family Law Act 1975, having multiple partners at the same time in Australia is illegal and a criminal offence.

A married person who marries multiple partners at the same time may be subject to imprisonment for 5 years. People who married multiple wives/husbands may only defend themselves if they:

Can prove that their wife/husband was dead when they remarried
Presumed that their wife/husband was absent for at least 7 years preceding the remarriage
Can prove that the marriage ceremony was invalid

NSW Crimes Act

Are there other relevant Acts that state that marrying multiple partners at the same time is illegal in Australia? Section 92 of the New South Wales Crimes act 1900 also declares that bigamy is an offence. This Act states that a person who is already committed to a marriage shall not marry

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