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Could you file a Bigamy case if the accused is already deceased?

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adomicbomb


Arresto Menor
Hi all,

I have an interesting question to the lawyers. Supposed a person contracted two marriages, he has a wife #1 and a wife #2. Wife #1 discovered his long missing husband may have contracted a second marriage. the problem is, husband is already dead and wife #2 is already dead too. They are survived by their children.

Could wife #1 still file a bigamy case in court if both the husband and wife #2 are deceased? Her intentions for doing this would be to recover property registered under the name of wife #2 from being inherited by the surviving children of the second marriage.

As far as i know, a marriage is valid until it is ordered invalid by the court. But how can the court invalidate it now that the accused are both dead?



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attyLLL


moderator
don't confuse bigamy as a criminal charge and bigamy as a basis to invalidate a marriage. death exempts them from criminal liability, but the wife can still file a petition for settlement of estate and collation of properties, and she can allege their marriage was bigamous.


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