Sunday, March 23, 2025

A proposed legalisation of polygamy in Australia

Are there Mormons living or proselytizing in Australia? What about polyandry?

What are they up to down under? 😊

Taking a cue from the Kiwis: "In the Mead v Paul NZFLR 75 Supreme Court of New Zealand case, the court ruled that a polyamorous relationship, or "throuple," can be considered a series of two-person relationships for the purposes of the Property (Relationships) Act 1976, allowing for the division of relationship property among all parties."

"The [NZ] Supreme Court decision essentially said that the relationship of Fiona, Lilach, and Paul can be broken down into three individual relationships of two people – i.e. Fiona and Lilach, Fiona and Paul, and Lilach and Paul – all occurring simultaneously."

"... “Polygamy has been demonstrated throughout Australia’s history amongst certain Indigenous Australian communities and certain Muslim migrants,”  ..."

From the abstract:
"This article examines the history of polygamy, globally and particularly within Australia. It traces the emergence of marriage as an institution, including the institutionalisation of monogamy and displacement of polygamy as a social norm in most parts of the Western world.
It finds that polygamy can be an egalitarian practice when its foundations are not religious, regardless of whether those enjoying the practice are themselves religiously motivated. The article proposes for the legalisation of polygamy under the Marriage Act 1961 (Cth) and Family Law Act 1975 (Cth) — the two primary Australian statues governing marriages. Modelled on the Supreme Court of New Zealand’s decision in Mead v Paul [2023] NZFLR 75, this article proposes to recognise polygamous marriages — those between three or more persons — as sets of couples."

A proposed legalisation of polygamy in Australia | Newsroom | University of Adelaide "Polygamy — a legally or customarily recognised marriage involving three or more people — is currently illegal in Australia. However, new research suggests a way to legalise the practice without disrupting the foundations of Australian marriage law."



Two possible configurations of polygamy. Figure 2 is described as preferred and proposed for legalisation in Australia


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