The Rights of the Second Spouse

 
Bigamy is not permitted in China and constitutes a crime according to the Criminal Law. If a person commits bigamy, his/her first marriage is legal and the second marriage constitutes bigamy. In such a case, the relationship with the second spouse is not a legal marriage and the second spouse has no legal standing in such a relationship. Bigamy is not only a violation of the Civil Code but also constitutes a crime, but it is the choice of the second spouse to pursue a civil or criminal action against the bigamist.
If a criminal action is launched, the bigamist may be imposed a sentence of imprisonment for a term of less than two years or a sentence of detention the term of which is less than six months according to the Criminal Law. The second spouse may also claim damages from such bigamist.
If a civil action is filed, criminal liabilities will be excluded but the second spouse may claim damages and compensation from the bigamist.
Disputes over property division and child custody, if any, may be also resolved either in a civil action or in a criminal action.