The traditional view of romantic and sexual relationships has evolved significantly, embracing diverse expressions of love and commitment. One such expression is polyamory, where individuals have multiple partners with the knowledge and consent of all involved. While this may seem unconventional, the Family Law Act 1975 (Cth) in Australia accommodates non-monogamous de facto relationships if certain criteria are met.
Non-monogamous relationships, like throuples, are gaining recognition in today’s society. A throuple is a committed relationship involving three people, offering an alternative to traditional monogamy.
As ethical non-monogamy becomes more visible, understanding how Australian family law applies to these relationships is crucial. Navigating these dynamics can be challenging, but legal guidance is available.
What is a De Facto Relationship?
A de facto relationship is recognised under the law when two people live together on a genuine domestic basis, without being legally married or related by family. Couples who have lived together for at least two years generally meet the threshold for a de facto relationship under section 4AA of the Act. However, even couples who have lived together for less than two years or on a less than full-time basis can still qualify, depending on various factors considered by the Court.
Polyamory and the Family Law Act
Polyamorous relationships can fall under the jurisdiction of the Family Law Act if two of the people in the relationship are married or if they meet the requirements of a de facto relationship. The Act does not regulate the number of partners a person can have, except in cases of marriage, prohibited relationships, and age restrictions.
Legal Considerations for Polyamorous Relationships
Determining if a polyamorous relationship qualifies as a de facto relationship can be complex. The Court considers numerous factors, including the existence of a sexual relationship, financial independence or interdependence, the public aspects of the relationship, and the care and support of children. These factors are crucial when the Court is determining whether a party is in one or more de facto relationship(s) and/or married at the same time.
Further, sometimes overlooked, are the circumstances of an affair, or a mistress relationship (or the male equivalent), where these relationships are or were ongoing relationships of substance, thereby becoming relevant in family law dynamics.
Recognising and Protecting Polyamorous Relationships in Australia
In 2009, a significant step was taken to recognize and protect polyamorous relationships in Australia with the addition of sections 4AA(5)(a)-(b) to the Family Law Act 1975 (Cth). These provisions expanded the Court’s ability to recognise de facto relationships, whether between people of the same or opposite sex, and even if they are married or in other de facto relationships.
While the statutory inclusion is clear, determining what constitutes a de facto relationship outside traditional structures is more complex. The Court considers a wide range of factors and the unique circumstances of each relationship. This is especially true when assessing whether a de facto relationship exists alongside a marriage or other de facto relationships.
The complexities of defining a de facto relationship can be seen in various case law applications of the Act. Each case brings its own set of facts, making it essential to understand the nuances involved.
Protecting Your Assets
Given the complexities involved, it may be essential for you to consider defining your relationship(s) clearly and consider the benefit of a binding financial agreement, to protect your assets. A financial agreement may take on particular importance for those in polyamorous relationships, where multiple parties may have claims.
Seeking Legal Advice
Navigating the legal landscape of polyamorous relationships requires a carefully considered approach. If you are in a polyamorous relationship and need legal advice, My Legal Crunch Lawyers can help. Contact us today to book a free consultation and speak with one of our experienced lawyers.
