Polyamorous Relationships: Family Law Australia

FAQs answered by Townsville Family Lawyer, Bridget Barrie

September 2021

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Bridget Barrie is an experienced Family Lawyer at O’Shea Dyer Solicitors Townsville. Bridget has been working exclusively in Family Law for many years as a paralegal and as a solicitor.

What is Polyamory?

Polyamory is the practice of being involved in a relationship with more than one partner at the same time, with the informed consent of all partners.

A polyamorous relationship may involve a married couple with a de facto partner or partners or multiple de facto partners.

Are Polyamorous Relationships Legal?

It is a criminal offense in Australia to marry someone if you are already married to someone else.

However, it is perfectly legal to be married to someone and be in a de facto relationship with someone else, at the same time.

What is a De Facto Relationship?

Section 4AA of the Family Law Act 1975 (Cth) provides that a person is in a de facto relationship with another person if:

• The persons are not legally married to each other; and
• The persons are not related by family; and
• Having regard to the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

The circumstances of the relationship may include:

• The duration of the relationship;
• The nature and extent of their common residence;
• Whether a sexual relationship exists;
• The degree of financial dependence or interdependence;
• The ownership, use and acquisition of their property;
• Whether the relationship is or was registered under a prescribed state or territory law;
• The care and support of children;
• The reputation and public aspects of the relationship.

A de facto relationship can still be recognised if one of the people in the relationship is legally married to another or is in another de facto relationship.

What Legal Rights do I have if a Polyamorous Relationship Breaks Down?

Whether a polyamorous relationship involves a married couple with a de facto partner or partners, or multiple de facto partners, all parties to the polyamorous relationship may have a right to apply for spousal maintenance and/or a property settlement under the provisions of the Family Law Act 1975 (Cth).

In Australia, you can apply for spousal maintenance and/or a property settlement under the Family Law Act 1975 (Cth) if you are a party to a marriage or a de facto relationship that has broken down.

If you have been in a de facto relationship, conditions must be met before an application for property settlement can be made. (Family Law Act 1975 (Cth) See Sections 90SB, 90SD and/or 90SK)

One of the following conditions must exist:

• The period of the relationship or the total of the periods is at least 2 years; or
• There is a child of the relationship; or
• One of the partners has made substantial financial or non-financial contributions to their property or as homemaker or parent and serious injustice would result to that partner if an order was not made (ie. The 2-year period can be waived)
• The de facto relationship has been registered in a State or Territory under laws applicate for registration of relationships.

If you are thinking of entering a polyamorous relationship or are currently in a polyamorous relationship, or a party to a polyamorous relationship that has broken down, we recommend you seek legal advice as soon as possible in order to know your legal rights.

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O’Shea Dyer Townsville has experienced lawyers who practice exclusively in Family Law.

Everyone’s situation is unique.

We always recommend seeing an experienced family lawyer so you can discuss your situation and obtain customised advice about how this process specifically applies to you.

We offer first appointments with experienced family lawyers for $330 - a low fixed fee, so that everyone can afford to obtain advice about their situation.

We are here to help you.

Call us on 4772 5155 to make an appointment. 

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