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Often, couples will separate and, whilst they are no longer living together as husband and wife, will remain legally married for several years or even decades. Such arrangements are actually far from uncommon with the couples involved usually content that their spouses will make no claim against their assets and therefore happy to forego the divorce process and all associated costs.

Sometimes, this arrangement continues undisturbed with the marriage only legally ending when one spouse passes. On other occasions, one spouse will meet someone new, the relationship develops and they find themselves proposing. People in this position will know that they’ll need to get divorced, but misunderstandings regarding what is and what isn’t legal under these circumstances are worryingly common and, as this could result in someone committing the criminal act of bigotry, we thought we’d clear things up.

You cannot remarry until your divorce is finalised

Now, even this statement could be misconstrued. Many people assume that, as a judge has confirmed that their divorce can go ahead following them having granted them a Decree Nisi, they can go ahead and re-marry following this. This is not the case and you must wait until a Decree Absolute has been granted before remarrying lest you will have committed the criminal act known as bigamy.

What are the consequences for committing bigamy

Bigamy is a serious offence and carries a potential prison sentence of up to seven years. There are examples of more lenient sentences and fines being issued, however, where the accused had reasonably believed that their spouse had either passed away or that they considered themselves to have already been divorced.

What if you don’t know where your spouse is?

Of course, when couples have been living apart for several years, it’s not unusual for them to become completely estranged and lose contact with one another entirely. If this has happened and you don’t know where your spouse now lives, there are a few things you can try to try and locate them including:

• Trying to obtain your spouse’s current address by contacting their friends, family members, co-workers etc.
• Checking the electoral roll.
• Employing the services of a private detective

In the event that you are unable to locate your spouse after having exhausted these means, you can request that the court allow you to divorce them without their knowledge.

But couldn’t my spouse have divorced me?

Yes, they could have tried to locate you and, following them having failed, asked the court to grant them a divorce without your knowledge. Finding out whether or not has happened can be extremely problematic and, sadly, an online divorce provider won’t be able to help you. Instead, you’ll need to contact a solicitor.