Remarrying without a divorce is a criminal offence that carries jail time

Jan 08, 2023 News

By Renay Sambach

Kaieteur News – In some countries like Guyana, monogamy is mandated and as such, if someone enters another marriage while still being married (without a divorce), that person commits ‘Bigamy’ and can be jailed for committing the offence.

Georgetown Magistrates’ Courts

Section 83 of the Criminal Law Offences Act stipulates, “(1) Everyone who, being married, marries any other person during the life of the former husband or wife, whether the second marriage has taken place in Guyana or elsewhere, shall be guilty of felony and liable to imprisonment for seven years.”

“(2) The offence may be dealt with, inquired of, tried, determined, and punished in any county in Guyana where the offender is in the same manner in all respects as if the offence had been actually committed in that county: Provided that nothing in this section shall extend- (a) to any second marriage contracted elsewhere than in Guyana by any other than a citizen of Guyana, or (b) to any person marrying a second time whose husband or wife has been continually absent from that person for the space of seven years then last past, and has not been known by that person to be living within that time, or (c) to any person who, at the time of the second marriage, has been lawfully divorced from the bond of the first marriage, or (d) to any person whose former marriage has been declared void by the sentence of any court of competent jurisdiction.”

Back in April 2021, Michael Taylor, 38, the airport ramp attendant who was found guilty of marrying twice, was fined $100,000 or in default was ordered to spend 12 months in prison for the offence.

Taylor, of Lot 1 Soesdyke, East Bank Demerara, was charged in 2019, for bigamy, and the case was tried in the Georgetown Magistrates’ Courts before Magistrate Rondell Weever, who handed down the sentence.

Taylor’s was the first case of bigamy that was brought before the court in Guyana.

This publication had reported that Taylor and his first wife, with whom he shares two children, had gotten married in 2015. They had reportedly lived together for five years before separating because of his infidelity.

During November 2019, Taylor had reportedly moved out of the home and went to live with his girlfriend at Soesdyke. Two months later, Taylor reportedly got married to his girlfriend while still being married to his first wife.

Taylor’s first wife had told this publication that she found out about her husband’s second marriage from a mutual friend, months after he had moved out. According to the woman, “De person call me and say you deh home and your husband have big wedding going on.” The woman had stated that she was shocked when she heard the news. She added, “I went all over to find out if there is anything I could do,” and “then a lawyer advised me to go to GPO to the Registrar’s Office and find out if they were married legally.”

As directed, the wife visited the General Registrar’s Office (GRO) and presented her marriage certificate. She said that soon after, officials at the GRO uncovered another marriage certificate in the name of her husband and his new wife. She said that she learnt from the Head of the GRO that a crime had been committed and that the matter would be forwarded to the Criminal Investigations Department (CID) of the Guyana Police Force. Taylor was later charged with bigamy and placed before the court.

On his first court appearance Taylor appeared before Chief Magistrate Ann McLennan. He had denied the charge which stated that he got married to another woman while still being married. The charge was filed under Section 83(1) of the Criminal Law (Offences) Act which stipulates, “Everyone, who being married, marries any other person during the life of the former husband or wife, whether the marriage takes place in Guyana or elsewhere, shall be guilty of a felony and liable to a term of imprisonment for seven years.”

The court had heard that Taylor had no knowledge of the crime and that he was unaware that he is still married to his first wife due to the fact that she promised to divorce him before he moved out of their marital home. However, Taylor’s lawyer on a previous occasion had admitted that there is no record before the court to show the couple had ever filed for a divorce.

The matter was later transferred to Magistrate Weever’s courtroom for trial. After the trial Magistrate Weever ruled that the prosecution had provided enough evidence to show that Taylor did in fact commit bigamy.

The Magistrate subsequently fined Taylor $100,000, or if he had failed to pay his fine he would have to serve 12 months in prison.

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