A bigamist who tied the knot while still married escaped the ball and chain of a different kind today - when he was spared immediate jail.

Lying dad Gary Peek claimed he was single when he married Emily Rye at Dartford register office in September last year.

But Maidstone Crown Court heard that 38-year-old Peek, of Milton Place, Gravesend, had never divorced his first wife, Raya Ellis.

They had married in April 1998, with Peek unusually taking her surname, and then split 10 years later.

Today Judge Jeremy Gold QC imposed three months' jail suspended for 18 months but said the public should be under no illusion as to how serious a crime bigamy is.

The judge also criticised a probation officer's report for "failing to grasp" the seriousness of the offence and making "wholly unrealistic" recommendations.

However, Judge Gold said he was able to suspend the sentence as Peek had not benefited financially from the second marriage.

He added a neck disability would mean Peek finding prison harder than most.

Peek, who had denied bigamy but was convicted by a jury, was also made subject to a three-month curfew between 8pm and 6am.

The court heard Peek had started divorce proceedings from Mrs Ellis after they split in August 2008.

But prosecutor Anne Phillips said the divorce was never finalised.

"In reality, the defendant did not even sign and return the divorce petition to his solicitors."

Following his arrest Peek told police he had received a letter from his solicitor in July last year stating he was divorced.

"He became very upset when it was pointed out to him that that wasn't the case," added Mrs Phillips.

Peek claimed he had thrown the letter away and never gave evidence at his trial.

Mrs Ellis told in a statement how she met Peek when she was 16 and started dating when she was 23.

They had a son together in December 1996 and married 18 months later.

She said she received a letter from Peek's solicitor in April last year stating he was filing for divorce.

Peek appeared at his sentencing hearing alone. It was not said in court whether he and Miss Rye are still together.