Why the Bigamy Offence Should be Repealed

Abstract

The offence of bigamy may have a long history within the Western legal tradition, but this article argues that bigamy should no longer be recognised as a specific offence within Australian law. Currently bigamy is a federal offence in Australia under s 94 of the Marriage Act 1961 (Cth). This article begins by setting out the history, scope and limitations of this section, and situates bigamy within its broader context of related civil and criminal federal laws. The article then demonstrates that the bigamy offence lacks a compelling rationale in contemporary Australia and that it operates in both practically and symbolically problematic ways. Because of these deficiencies, the bigamy offence provisions should be repealed and situations involving bigamous marriages should instead be regulated through other parts of the existing legal framework.