Is my marriage legal as the second wife?

By HAROLD AYODO

Dear Harold,

I have dated a married man for the past five years and we have a three-year-old son. The man supports us financially and recently he proposed his intentions to marry me in church. However, I am uncertain whether the marriage would be valid as he married his wife in church. Kindly advise.

Maureen, Kitale

Dear Maureen,

Knowingly marrying a person who wedded in church amounts to an offence called bigamy. However, you can only get married to him after he divorces his wife or she dies. Currently there are cases in court of men charged with bigamy, which attracts a penalty of five years in prison. According to latest developments, courts free accused persons on Sh1 million bond and surety of Sh500,000 pending further hearing.

It is also an offence to give false declarations, details or statements for purposes of marriage. Generally, the Marriage Act is strict on offences relating to marriage. For instance, anyone who attempts to prevent a marriage illegally is liable to imprisonment of upto two years. Similar penalties can be slapped on spouses who fail to fill marriage certificates after celebration of the union.

Other offences include marrying under a false name towards deceiving the other party, or marrying under customary law while still in an existing marriage contracted either in church, office of the Attorney General or District Commissioner.