Is Bigamy Illegal in Australia? Penalties & Laws Explained

Yes, absolutely. Bigamy includes marriage ceremonies performed in foreign countries. If you're married in Australia or your foreign marriage is recognized in Australia, going through another marriage ceremony anywhere in the world while that marriage remains valid constitutes bigamy. Australian law applies to Australian citizens and residents regardless of where the second marriage ceremony occurs.

Religious or cultural acceptance of polygamy does not override Australian law. Bigamy and polygamy are criminal offences in Australia regardless of your religion, cultural background, or country of origin. Even if polygamy is standard practice in your religion or home country, marrying multiple people in Australia or while an Australian resident is illegal and carries criminal penalties including imprisonment.

No, not while you're married to your first wife. You can only sponsor one partner for a spouse or partner visa at a time. If you divorce your first wife, you can then sponsor a second partner, but you can only sponsor up to two overseas partners in your lifetime with each application requiring at least 5 years between sponsorships. Attempting to bring multiple wives to Australia would require bigamy or polygamy, which is illegal.

No, separation and divorce are legally different. Separation means you're living apart and the relationship has ended, but you're still legally married. Divorce is a court order that formally and legally ends your marriage. You cannot remarry until you obtain a divorce. Marrying someone else while separated but not divorced is bigamy, regardless of how long you've been separated or whether you'll "never get back together."

Bigamy is a strict liability offence, meaning intent and knowledge are generally not required for conviction. "I didn't know I was still married" is not a valid defence unless you fall under specific statutory exceptions (reasonable belief of spouse's death or seven-year absence). If you genuinely believed you were divorced but the divorce was never finalized, you've still committed bigamy. Always verify your divorce is complete before remarrying.

No, infidelity is not a crime in Australia and you cannot sue for adultery. If your spouse is having a relationship with someone else but is not married to that person, this is not a criminal matter—it's a private relationship issue. While adultery can be grounds for divorce and may be relevant in property settlement proceedings, it does not give you the right to sue your spouse or their partner for damages.

Not automatically, but imprisonment is possible and common for bigamy convictions. Sentencing depends on circumstances including whether the bigamy was deliberate or arose from confusion, whether you deceived the second partner, your criminal history, and mitigating factors. Courts take bigamy seriously as it undermines marriage laws and often involves deception. First-time offenders with strong mitigation may receive non-custodial sentences, but imprisonment for repeat offenders or deliberate deception is common.

You must apply to the Family Court of Australia for a Decree of Nullity. The process involves filing an application, providing evidence the marriage is void (such as proof of a pre-existing marriage), attending court hearings, and obtaining a court order declaring the marriage null and void. You should engage a family lawyer to handle this process. Be aware that applying for a Decree of Nullity for bigamy may result in criminal prosecution referral by the judge.

This is a developing area of law. While polyamory is legal, Australian family law is structured around two-person relationships for property settlement and de facto rights. If you're in a polyamorous relationship, property rights are complex and depend on specific living arrangements, financial contributions, and relationship structure. Multiple de facto relationships can exist simultaneously under the Family Law Act, but courts assess each relationship individually. Seek legal advice specific to your situation.

If your spouse disappeared or you lost contact, do not remarry without either: (1) obtaining proof of death through a death certificate or official confirmation, or (2) waiting seven years and establishing reasonable grounds to believe they're deceased after attempting to locate them. If you remarry without meeting these criteria and your spouse is later found alive, you've committed bigamy. Consult a family lawyer about applying for a declaration of presumed death through the courts before remarrying.