How does bigamy affect divorce?
Dear & lpar; r & rpar; Those seeking advice & lpar; r & rpar ;,
Thank you for your request, which I would like to answer as follows based on the facts you have described and taking your commitment into account:
Marriage entered into in the USA is also valid in Germany if it is valid in the USA.
A violation of the prohibition of the double marriage leads to the annulment of the marriage & lpar; § 1314 Abs. 1 BGB & rpar ;. The marriage is not null and void but can be annulled.
Section 172 of the Criminal Code provides:
Anyone entering into a marriage even though they are married, or entering into a marriage with a married person, is punishable by imprisonment for up to three years or a fine.
This requires at least conditional resolution, which must primarily refer to the fact that there are two valid marriages. This is lacking if the perpetrator assumes that the first marriage no longer exists & lpar; Ziegler in Beck'scher Online Comment StGB, § 172 Rn. 5 & rpar ;. This should also apply if your husband was not aware that the marriage was not valid in D.
I hope to have helped you.
With best regards
Ernesto Grueneberg, LL.M.
Member of the Berlin & Madrid Bar Associations
Koethener Strasse 44
Tel .: 030 2318 5608
Fax: 030 577 057 759
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