The Legal Light Justin Stack The law and polyamorous relationships Polygamy being married to more than one person at a time is illegal in Australia. But polyamory being intimately involved with more than one person at a time with the knowledge and consent of all involved - is quite legal. A polyamorous relationship can involve a married couple with a de facto partner or partners, or it can be multiple de facto partners living as a consenting group, called a polycule. When three people live in a relationship, it is called a throuple. This may sound like a complicated lifestyle and difficult to keep on balance. A polycule may be more difficult to sustain than a traditional marriage of just two people, which in Australia ends in divorce 30 per cent of the time. However, monogamy is not a requirement of family law. A 2024 study by Relationships Australia found six per cent of people surveyed said they were in or had previously been in a polyamorous relationship. Eighteen per cent of those people said they were dissatisfied with the relationship, and forty per cent said they felt lonely. There are no statistics available for breakups in polyamorous relationships, but Stacks family lawyers have found an increasing number of people from such relationships are seeking legal advice on their rights in property settlements or in relation to parenting orders when they are seeking to exit a throuple or polycule. Stacks family lawyer Ashleigh Flanagan says the Family Law Act 1975 applies equally to married, de facto or polyamorous relationships. "For a couple to be recognised as de facto in family law, they generally need to be living together on a genuine domestic basis for two years without separation," Ms Flanagan said. "Courts consider numerous factors, such as whether there is a sexual relationship, the degree of financial interdependence, whether others consider them to be a couple, and the care and support of any children." Ms Flanagan says it is always advisable to try to settle separation matters through mediation, rather than going to court. In the landmark case of Jones & Michetti [2022] FedCFamC1F 771, Ms Jones claimed she was in two de facto relationships at the same time over 16 years. But the court found the relationships did not meet the de facto requirements of shared residence and financial interdependence. The case shows it is very important to speak to an experienced family lawyer if you are considering separation and wondering whether the relationship will be recognised by the court. It may be helpful to determine who owns what in the relationship, how much each person contributed and any future needs of the parties. STACKS LAW FIRM Grant Avery Compensation Specialist No Win, No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack The law and polyamorous relationships Polygamy being married to more than one person at a time is illegal in Australia . But polyamory being intimately involved with more than one person at a time with the knowledge and consent of all involved - is quite legal . A polyamorous relationship can involve a married couple with a de facto partner or partners , or it can be multiple de facto partners living as a consenting group , called a polycule . When three people live in a relationship , it is called a throuple . This may sound like a complicated lifestyle and difficult to keep on balance . A polycule may be more difficult to sustain than a traditional marriage of just two people , which in Australia ends in divorce 30 per cent of the time . However , monogamy is not a requirement of family law . A 2024 study by Relationships Australia found six per cent of people surveyed said they were in or had previously been in a polyamorous relationship . Eighteen per cent of those people said they were dissatisfied with the relationship , and forty per cent said they felt lonely . There are no statistics available for breakups in polyamorous relationships , but Stacks family lawyers have found an increasing number of people from such relationships are seeking legal advice on their rights in property settlements or in relation to parenting orders when they are seeking to exit a throuple or polycule . Stacks family lawyer Ashleigh Flanagan says the Family Law Act 1975 applies equally to married , de facto or polyamorous relationships . " For a couple to be recognised as de facto in family law , they generally need to be living together on a genuine domestic basis for two years without separation , " Ms Flanagan said . " Courts consider numerous factors , such as whether there is a sexual relationship , the degree of financial interdependence , whether others consider them to be a couple , and the care and support of any children . " Ms Flanagan says it is always advisable to try to settle separation matters through mediation , rather than going to court . In the landmark case of Jones & Michetti [ 2022 ] FedCFamC1F 771 , Ms Jones claimed she was in two de facto relationships at the same time over 16 years . But the court found the relationships did not meet the de facto requirements of shared residence and financial interdependence . The case shows it is very important to speak to an experienced family lawyer if you are considering separation and wondering whether the relationship will be recognised by the court . It may be helpful to determine who owns what in the relationship , how much each person contributed and any future needs of the parties . STACKS LAW FIRM Grant Avery Compensation Specialist No Win , No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life