(1) A person commits bigamy who, knowing that a marriage subsists between him or her and another person, goes through a ceremony of marriage with some other person.
(2) A person is not liable for bigamy if at the time of the subsequent marriage the former spouse has been continually absent for 7 years, and has not been heard of by him or her as being alive within that time, and if before the subsequent marriage the person informs the other party of the facts of the absence so far as they are known to him or her.
(3) Where a person accused of bigamy proves the continued absence of the former spouse and the information of such absence is given to the other party as required under subsection (2), it shall lie on the prosecution to prove that the former spouse has been heard of during the past 7 years by the accused person.
(4) The fact that the parties would, if unmarried, have been incompetent to contract marriage is no defence to a prosecution of bigamy.