What is bigamy?
Bigamy is the act of entering into a new marriage while remaining legally married to another person. In Poland, bigamy is prohibited both under family law and criminal law. The prohibition protects the legal principle that a person may remain in only one valid marriage at a time.
Under Article 206 of the Polish Criminal Code, criminal liability may arise where a person who is already married enters into another marriage. Liability may also apply to a person who marries someone they know to be married to another person. The offence is therefore not limited to the spouse whose earlier marriage remains in force.
Bigamy should be distinguished from situations in which a couple lives together without marriage, has multiple relationships, or separates informally without obtaining a divorce. Criminal law concerns the formal conclusion of another marriage while the previous marriage has not legally ended or been annulled.
The legal basis for criminal liability is Article 206 of the Polish Criminal Code. The provision provides for a fine, restriction of liberty, or imprisonment for up to 2 years. The rules on the prohibition of concluding another marriage are also set out in Article 13 of the Polish Family and Guardianship Code.
What does bigamy involve in practice?
In practice, bigamy may occur when a person concludes a marriage abroad after separating from their spouse in Poland but before completing divorce proceedings. It may also arise where a person incorrectly assumes that a long-term separation, a foreign divorce, or the absence of contact with their spouse automatically ends the marriage.
A marriage is not terminated merely because the spouses no longer live together. In Polish law, a prior marriage generally ends as a result of divorce, annulment, or the death of a spouse. Before entering into a subsequent marriage, it may be necessary to verify whether the earlier marriage has been effectively dissolved and whether a foreign judgment or document produces legal effects in Poland.
Cases involving marriages concluded outside Poland can be particularly complex. The assessment may depend on the law of the country in which the marriage or divorce took place, the authenticity of civil status documents, and rules on recognising foreign judgments. A person may face legal consequences in Poland in connection with a second marriage concluded abroad where the statutory conditions for criminal liability, including the rules on Polish criminal jurisdiction, are met.
Bigamy proceedings may involve evidence such as marriage certificates, civil registry records, divorce judgments, foreign court decisions, translations, apostilles, and witness statements. The authorities must establish whether the first marriage was still legally valid at the time of the subsequent marriage and whether the other participant knew about the existing marriage.
When is it worth seeking legal assistance in a bigamy case?
Legal assistance may be important when a person intends to remarry after a divorce obtained abroad, has doubts about the status of a previous marriage, or receives a summons from the police, prosecutor, or court in connection with a suspected bigamy offence.
Support from a lawyer may also be needed by a person who entered into a marriage with someone who may still have been married to another person. In such cases, knowledge of the existing marriage can be relevant to criminal liability. It is therefore important to establish the facts carefully and avoid making statements before reviewing the available documentation.
Entrepreneurs and foreign nationals may require advice where civil status issues affect residence applications, family reunification, inheritance, property matters, or official registrations. In cross-border cases, errors in documents or assumptions about the legal effect of a foreign divorce can lead to administrative, family-law, and criminal-law consequences.
A prompt consultation can help verify marital status, assess the legal effect of foreign documents, prepare an appropriate explanation for the authorities, and reduce the risk of procedural errors. It may also help prevent financial losses and disputes connected with property, inheritance, maintenance, or the legal status of a later marriage.
Legal support in bigamy-related matters
Legal assistance in cases concerning suspected bigamy may include in particular:
- assessment of potential criminal liability under Article 206 of the Polish Criminal Code;
- representation before the police, prosecutor, and criminal court;
- analysis of the legal status of a previous marriage;
- verification of divorce judgments and civil status documents issued abroad;
- assistance with recognition of foreign judgments where required;
- assessment of the consequences of a marriage that may be subject to annulment;
- preparation of procedural letters, explanations, and evidence motions;
- advice on related family, immigration, and property matters.
Need legal assistance in a bigamy-related matter? Contact us.