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Practicing Polygamy and It's Repercussions in China

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The Marriage Law in China expressly prohibits bigamy and polygamy (hereinafter only referred to as bigamy, you must be a busy person if you are trying to marry more than two people in China anyway). 


Bigamy in China refers to the act of those who have a spouse and get married again, or who marry someone whom they know has a spouse. 


There are two forms of bigamy: 


1. The act of those who have a spouse or know that another person has a spouse and register a marriage with that person. 


2. The act of those who have a spouse or know that another person has a spouse and, without registering a marriage, continuously and steadily cohabitate and live together in the name of husband and wife. 


Note: If a person has a spouse or knows that another person has a spouse and lives together with that person, but not in the name of husband and wife and not cohabitate and live together with that person continuously and steadily, such a relationship shall be deemed cohabitation and not bigamy.


The significance of civil sanction on bigamy is reflected in: 


1. When bigamy is determined, the marriage will be deemed invalid. 


2. When bigamy is determined, divorce shall be allowed.  


3. Where bigamy leads to divorce, the no-fault party is entitled to claim damages.


Bigamy is a kind of criminal act violating criminal law, and in accordance with the provisions of Article 258 of the Criminal Law of China, those who have a spouse and get married again, or who marry someone whom they know has a spouse, are to be sentenced to two years or fewer in prison or put under criminal detention.


Source:  The Website of the government of the People's Republic of China (www.gov.cn).




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