강연강좌 Bigamy as a Ground for Annulment
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Bigamy, the act of entering into a second marriage while lawfully married to another, is a serious offense with far-reaching legal consequences. One of these consequences is the annulment of the second marriage. An annulment declares a marriage null and void from its inception, as if it never existed.
When one party to a marriage is discovered to be married to another person at the time of the subsequent union, it constitutes bigamy. This renders the second marriage void from the beginning. The legal principle underlying this is the sanctity of marriage and the protection of the institution. A person cannot be legally married to two individuals simultaneously. The existence of a valid prior marriage precludes the formation of a subsequent valid marital union.
To obtain an annulment on the ground of bigamy, the innocent party must prove the existence of the first marriage and the subsequent marriage. The burden of proof lies with the person seeking the annulment. Once established, the court will declare the second marriage void. However, it is essential to note that the annulment does not affect the validity of the first marriage. The first marriage remains legally binding unless grounds for its annulment or dissolution exist independently.
bigamy ground for annulment is a clear ground for the annulment of a marriage. It strikes at the core of the marital institution by recognizing the fundamental principle of monogamy. While annulment provides a legal remedy to rectify the situation, it is crucial to emphasize the importance of thorough investigation and verification before entering into a marriage to prevent such unfortunate circumstances.
When one party to a marriage is discovered to be married to another person at the time of the subsequent union, it constitutes bigamy. This renders the second marriage void from the beginning. The legal principle underlying this is the sanctity of marriage and the protection of the institution. A person cannot be legally married to two individuals simultaneously. The existence of a valid prior marriage precludes the formation of a subsequent valid marital union.
To obtain an annulment on the ground of bigamy, the innocent party must prove the existence of the first marriage and the subsequent marriage. The burden of proof lies with the person seeking the annulment. Once established, the court will declare the second marriage void. However, it is essential to note that the annulment does not affect the validity of the first marriage. The first marriage remains legally binding unless grounds for its annulment or dissolution exist independently.
bigamy ground for annulment is a clear ground for the annulment of a marriage. It strikes at the core of the marital institution by recognizing the fundamental principle of monogamy. While annulment provides a legal remedy to rectify the situation, it is crucial to emphasize the importance of thorough investigation and verification before entering into a marriage to prevent such unfortunate circumstances.
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