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FAMILY LAW

Bigamy - Feigned Marriage

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There are three sections of our Crimes Act 1961 which you need to read in relation to the crime of bigamy.

We set them out in full below and provide you with some other commentary about this topic.

205. Bigamy defined  ---  (1) Bigamy is  ---
   (a) The act of a person who, being married, goes through a form of
         marriage in New Zealand with a third person; or
   (b) The act of a person who goes through a form of marriage in New
         Zealand with any other person whom he or she knows to be
         married; or
   (c) The act of a New Zealand citizen, or a person ordinarily resident
         in New Zealand, who, being married, goes through a form of
         marriage with a third person anywhere outside New Zealand; or
   (d) The act of a New Zealand citizen, or a person ordinarily resident
         in New Zealand, who goes through a form of marriage anywhere
         outside New Zealand with any other person whom he or she knows
         to be married.

   (2) For the purposes of this section,  ---
   (a) A form of marriage is any form of marriage recognised by the law
         of New Zealand, or by the law of the place where it is
         solemnised, as a valid form of marriage:
   (b) No form of marriage shall be held to be an invalid form of
         marriage by reason of any act or omission of the person charged
         with bigamy, if it is otherwise a valid form.

   (3) It shall not be a defence to a charge of bigamy to prove that if
the parties were unmarried they would have been incompetent to contract
marriage.

   (4) No person commits bigamy by going through a form of marriage if
that person---
   (a) Has been continuously absent from his or her spouse for 7 years
         then last past; and
   (b) Is not proved to have known that his or her spouse was alive at
         any time during those 7 years.

PENALTY

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Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"I find this topic really helpful as well as all the topics under the "Weekend Arrest" topic. This is the sort of basic informatin which needs to be taught in schools. Don't you agree?"
Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"Can a woman aged 54 with a 16 year old child who is neither attending school or any other form of education/training continue to claim the DPB and child support indefinitely or should the child be on a separate independant benefit? and what if the child does not claim a benefit, does this justify the mothers ongoing DPB claim? - Jenny

Netlaw replies - Yes . . . . You go on to what is called a "Woman Alone" Benefit designed to allow the single parent to continue to be supported when the kids become independent. You need to discuss your circumstances with WINZ. The child may be entitled to an Independent Youth benefit, but they are not automatic. Special circumstances need to apply. Play around on the WINZ Website. Just type winz website into Google or your internet explorer.

Here is a quote from the WINZ Website. -

"To get a Domestic Purposes Benefit you'll need to be a sole parent, or a caregiver of someone sick or infirm, or a woman alone of 50 years of age or older. You must:

be a New Zealand citizen or permanent resident
have lived in New Zealand continuously for two years or more at any one time since becoming a New Zealand citizen or permanent resident (except refugees with permanent residence)
normally live in New Zealand".

Cheers . . . Netlaw



"

Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
"Thanks Netlaw. Rolf - Auckland"
Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
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