Polygamy: foreigners and the right to marry several wives

Polygamy is a term that refers to the practice of having more than one spouse at the same time. In other words, it is when a person is simultaneously married to several other people.

Brazil has several international agreements but does not have any agreements with foreign countries, on the civil question regarding the legality or recognition of polygamous marriages.

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Author: Gustavo Tenório Campos Semaan

Countries in which polygamy is allowed

Polygamy is legal in some countries and regions of the world, especially in specific religious and cultural contexts. These countries are mostly countries that adopt the Islamic religion or which are legally permitted to do so. 

It’s important to note that even in countries where polygamy is legal, it may be subject to certain restrictions and regulations, and not all citizens have the right to practice it.

Religions that admit polygamy

Although most modern religions explicitly discourage or forbid polygamy, some still allow or tolerate the practice under certain circumstances.

Here are some religions that allow or have allowed polygamy:

• Islam: polygamy is allowed in Islam, with the condition that the man can financially support all his wives in a fair and balanced way
• Hinduism: although polygamy is illegal in India, it is still practiced in some Hindu communities, especially in rural areas. The practice is generally limited to men and allows multiple wives.
• Orthodox Church: the Orthodox Church allows polygamy in certain circumstances, such as the death or incapacitation of a spouse, but generally discourages the practice.

It’s worth noting that even in religions that allow polygamy, the practice is discouraged, often limited to specific circumstances, and is generally seen as an exception to the norm.

Can polygamous marriage be legalized in Brazil?

Without laws and the Federal Constitution changes, polygamous marriage cannot be legalized.

In Brazil, both the Federal Constitution of 1988 in art. 226, §3, and the Civil Code in its art. 1.5621, establish that civil marriage is a union between two people, without foreseeing the possibility of polygamous marriage.

As well, it would face much resistance from the dominant religions, such as Catholicism and the Evangelicals, who are totally against this type of marriage. 

The Consequences of polygamous marriage in Brazil

In case any Brazilian person contracts a polygamous marriage, he/she may be liable for crimes, according to the laws of Brazil.

The Brazilian Penal Code, in its article 235, establishes that contracting a marriage with two or more persons at the same time is a crime of bigamy, subject to a prison sentence of two to six years. 

Besides answering for a crime, you will have problems in the civil area, since the marriage would not be valid. 

If someone decides to practice polygamy and enters into a second marriage, without the first marriage having been legally dissolved, the first marriage remains valid. 

This means that the person is still married to the first wife or husband and that the second marriage has no legal effect or recognition in the Brazilian legal system.

Foreigners with polygamous marriages in Brazil

Foreigners who practice polygamy in Brazil are subject to Brazilian laws. This means that if a foreigner maintains polygamous relationships in the country, he can be accused of bigamy and therefore subject to the penalties provided by law.

The polygamous foreigner who wishes to settle in Brazil and maintain his/her marital relationships should be aware that Brazilian law does not recognize polygamy.

If a polygamous foreigner wishes to marry a Brazilian woman, he/she will have to respect the laws of the country and contract a valid civil marriage with only one person, as provided for in the Federal Constitution. Otherwise, he will be subject to the sanctions provided by law.

This is an important issue for foreigners who want to move to or legalize themselves in Brazil. If a visa is issued for his wife, he can only issue one visa, and according to Brazilian law, it’s forbidden to issue more than one visa for the other spouses.

What does the sharing of assets acquired in Brazil look like? 

Brazilian law must consider foreign law for the foreigner, as long as this law does not conflict with the Brazilian Constitution and laws.

The recognition of foreign laws is governed by Private International Law, which establishes the rules and criteria for the application of foreign laws in cases involving legal relationships with foreign elements, such as marriages performed in other countries.

If there are assets in Brazil, the first possibility is that it is done according to Brazilian laws, such as the Divorce Law, which defines the rules for sharing assets in case of separation or divorce. 

In this case, the parties involved must agree on the division of assets and how this division will be made.

If the marriage took place in a country that recognizes polygamy, the Division of property may be carried out according to the laws of that country. 

However, it’s important to note that the recognition of polygamous marriages varies from country to country, and Brazilian law does not recognize this type of marriage.

In case of doubts regarding the division of property in case of a polygamous marriage abroad, it is recommended to consult a lawyer specialized in International Law for guidance as to the applicable laws and the procedures to be taken.