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Is bigamy against the law in Chile?

Postby Sra.FelipeEspinola » Thu Jul 08, 2010 10:01 pm

I am sorry for asking what must be an obvious and simple question to anyone in Chile but I am in Los Angeles, CA. and I am not familiar with Chilean law.

Is bigamy (being married to more than one person at the same time) against the law in Chile? Does it carry criminal penalties such as jail time and fines? If I am in Los Angeles (not inside Chile, anyway) and I want to report someone in Chile for commiting the crime of bigamy in Chile (if it is a crime), who do I report it to? Do I need to find and contact the local police department where the bigamist lives or can I report the crime to the Chilean Consulate in Los Angeles?

Does the second (illegal) spouse have any recourse or protection or any marital rights at all? Are they simply left unprotected? Can this second spouse claim the estate of a deceased person if that person never divorced or was ever legally separated from their first spouse (assume the first spouse is also claiming the same estate)?

How would the bigamist's criminal behavior most likely affect the outcome of any divorce proceedings against them that would be filed by the original (legal) spouse? Would the second (illegal) spouse have a right to sue the bigamist for fraud?

If I asked too many questions, I am sorry, but the most important one to be answered would be how to report this crime - is it necessary to contact local police? And what is most likely to happen to the bigamist once authorities have been made aware of the bigamy? Assume all paperwork (notarized marriage certificates, registration with Chilean government, etc.) is available.
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Re: Is bigamy against the law in Chile?

Postby scrjnki » Thu Jul 08, 2010 10:20 pm

I sense an interesting back story I'm not sure I want to know about. Don't know any legal answers you seek. But, for the most part, there are no "local" police in Chile. The Carabineros de Chile handle all local law enforcement.
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Re: Is bigamy against the law in Chile?

Postby Sra.FelipeEspinola » Thu Jul 08, 2010 10:29 pm

Thank you for any answer at all, but can you just tell me if bigamy is a crime in Chile? I don't think that requires legal knowledge, for example, I could tell you that murder is a crime here in the United States without having to be a lawyer. Know what I mean?
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Re: Is bigamy against the law in Chile?

Postby Ripsigg » Fri Jul 09, 2010 1:59 am

Bigamy(not to be confused with polygamy) is a crime in most jurisdictions around the world so I assume that it would be in Chile as well. I would suggest that you visit Chile directly to make the complaint, it can be a lot more effective.

You might want to also see what other laws were violated in the commission of the crime. For example, if the person accused of bigamy is a US citizen who got married in Chile then he would have needed an affidavit of singleness from the US Embassy. Lying to get it is a violation of US law. Just an example.

I have no problem with polygamy between consenting adults, but bigamy and the lies that surround it are totally immoral and wrong.
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Re: Is bigamy against the law in Chile?

Postby fraggle092 » Fri Jul 09, 2010 8:46 am

Bigamy is illegal in Chile, and the bigamist can go to jail. Apparently it used to be pretty common before the civil registry system was centralized. Even now there are still guys who maintain two families, an "official" one, and another, hidden one.

I would try mailing SERNAM for more information for starters; you may get a quicker response rather than going through a consulate, but I am pretty sure you will need a local lawyer sooner or later.

http://www.sernam.cl/portal/index.php/regiones/31
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Re: Is bigamy against the law in Chile?

Postby otravers » Fri Jul 09, 2010 9:46 am

fraggle092 wrote:Even now there are still guys who maintain two families, an "official" one, and another, hidden one.


We actually know a woman/mother who recently discovered her husband had another family on the side. Mind boggles!
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Re: Is bigamy against the law in Chile?

Postby JHyre » Fri Jul 09, 2010 10:32 am

Unfortunately not that uncommon in Latin America. Going to motel with secretary occaisonally has a result. Bigamy itself is doubtless illegal. I will ask some lawyer friends with whom we are dining tomorrow just to be sure, remind me if I forget to post it.

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Re: Is bigamy against the law in Chile?

Postby zer0nz » Fri Jul 09, 2010 12:36 pm

The amount of men here with two family's is amazing, the amount of times I have heard the story, of the secret girl friend, secret wife, secret kids!!!,

Face book is great for catching them out, a friend was dating a Chilean guy then he was tagged in a photo with the other girl friend and kid... needless to say that ended fast.

p.s i would consult a lawyer especially if you want some money out of this would make sure every step is done correctly and perfectly
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Re: Is bigamy against the law in Chile?

Postby Ripsigg » Fri Jul 09, 2010 9:51 pm

<rant> Yep and as long as he doesn't legally marry the woman on the side, all is well. But if he marries the one on the side and tries to give her some kind of legal standing then they make him a criminal.

Bigamy is all about hiding it from the spouses and that is wrong, but if a man is upfront about marrying two or more wives in order to give them some legal protection then it should be ok.

We know society is messed up when it prefers to have men with mistresses than men with wives.

</rant>
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Re: Is bigamy against the law in Chile?

Postby PanAmerican » Fri Jul 09, 2010 10:36 pm

If you have a wife in LA and want to move to Chile and marry someone then the offense is called Bigamy. Would they catch you? Hard to say, but the internet can find you no matter where you are. You would have to work at a menial job and never check on the internet for the rest of your life. Can you be prosecuted? No, but you could end up in civil court in LA which would mean you couldn't return to the States for the rest of your life. Your Chilean spouse will need a lot of money to hide you forever, and of course you will need to get along forever because the Chilean spouse will have a trump card for the rest of your life. You can run but you can't hide.
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Re: Is bigamy against the law in Chile?

Postby JaX_Chile » Sat Jul 10, 2010 8:46 am

Ripsigg wrote:Bigamy(not to be confused with polygamy) ...For example, if the person accused of bigamy is a US citizen who got married in Chile then he would have needed an affidavit of singleness from the US Embassy...


I am certainly not a bigamist... but when I married in Chile in December 2008, I did not need any kind affidavit from anyone regarding my "singleness".

John :alien:
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Re: Is bigamy against the law in Chile?

Postby j. Ro » Sun Jul 11, 2010 1:30 am

JaX_Chile wrote:I am certainly not a bigamist... but when I married in Chile in December 2008, I did not need any kind affidavit from anyone regarding my "singleness".

John :alien:


I obtained said affidavit from the registry here in Alberta prior to my wedding in May 2008. Took it with me to the registry and nice lady said she didn't need to say it. That was a waste of $30!
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