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Polygamy, or being married to multiple people, is illegal in Australia. However, this has not stopped people from advocating for its legalisation or practising polygamy in Australia. While polygamous marriages cannot be performed in Australia, foreign polygamous marriages may be recognised under Australian law.
| Characteristics | Values |
|---|---|
| Legality of polygamy in Australia | Illegal |
| Legality of polygamous marriages in Australia | Not recognised |
| Legality of foreign polygamous marriages in Australia | Recognised under certain conditions |
| Penalty for bigamy in Australia | Maximum of 5 years imprisonment |
| Number of people in Australia in a polygamous household | No data available |
| Percentage of people globally in a polygamous household | 2% |
| Percentage of people in sub-Saharan Africa in a polygamous household | 11% |
| Legality of de facto relationships in Australia | Allowed |
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What You'll Learn
Polygamy is illegal in Australia
Polygamy, or the crime of bigamy, is illegal in Australia. Under Australian law, marriage is defined as the union of two people to the exclusion of all others. This means that it is a criminal offence to marry another person when already married to someone else.
In the 2016 Family Law Case of Ghazel & Ghazel and Anor, the full family court held that polygamous marriages are illegal in Australia. However, the court also ruled that a foreign marriage, which is 'potentially polygamous' when it is entered into, will be recognised as a valid marriage in Australia. A marriage is 'potentially polygamous' if it is not polygamous initially but may become polygamous later under the laws of the country where the marriage took place.
Despite polygamy being illegal in Australia, it is possible to be married and have a de facto relationship with another person, creating a quasi-polygamous marriage. Section 4AA(5)(b) of the Family Law Act explicitly allows for this, stating that a de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship.
There has been some pushback against the illegality of polygamy in Australia. In 2008, Australia's then Attorney General, Robert McClelland, affirmed that the government would not recognise polygamist relationships. However, a small number of Islamist leaders have advocated for the legalisation of polygamous marriages, and in 2013, the 'Polyamory Action Lobby' submitted a petition to federal parliament demanding the recognition of polyamorous families.
Research by Michail Ivanov from the University of Adelaide has proposed a model for legalising polygamy in Australia. Ivanov suggests removing the offence of bigamy while maintaining legal penalties for misleading a potential spouse about one's marital status. He argues that his model would not be influenced by religious laws and would be the first to be implemented in a society not led or motivated by religious beliefs.
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Foreign polygamous marriages are not recognised
Australia does not recognise foreign polygamous marriages. Polygamy is illegal in Australia, and the country's Marriage Act 1961 prohibits marrying another person while already married, deeming it bigamy. Bigamy is a criminal offence and carries a maximum penalty of five years' imprisonment.
While polygamy is illegal in Australia, de facto relationships with multiple people are allowed, even if one is legally married. Section 4AA(5)(b) of the Family Law Act 1975 explicitly permits this, stating that a "de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship".
In the 2016 Family Law Case of Ghazel & Ghazel and Anor, the full family court ruled that polygamous marriages are illegal in Australia. However, the court also ruled that a foreign marriage that is not polygamous but could potentially become polygamous at a later date under the law of the country where the marriage took place would be recognised in Australia. This is known as a 'potentially polygamous' marriage.
Despite the illegality of polygamy in Australia, there have been calls for its legalisation. In 2013, the 'Polyamory Action Lobby' submitted a petition to federal parliament, arguing for the right to marry multiple partners. In addition, some Islamist leaders have advocated for the legalisation of polygamous marriages, sparking a controversial and emotional debate.
Proponents of polygamy legalisation argue that it would protect the rights of women and is a legitimate part of an already accepted shift away from traditional two-parent families. However, opponents argue that it would endanger the Australian way of life and negatively impact women's social, emotional, and economic well-being, perpetuating gender inequality.
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Polygamy is common in some indigenous communities
Polygamy, or polygyny, has been documented in certain Indigenous Australian communities. In traditional Aboriginal societies, marriage was a central feature, with the need to maintain populations and ensure children were produced within the right family groups and affiliations. Marriage was not seen as a contract between individuals but as one that implicated the kin and country men of the parties involved. Arranging marriages was one important way in which marriages were formalised, with infant betrothal being a common practice. Usually, this was between a young girl and an older man.
Polygamy was also common in certain Aboriginal groups, with husbands having two or more wives. A wife, on the other hand, would have only one husband at a time, although she would often be married to several husbands in succession as the marriage ended or the husband died. Divorce could occur by mutual consent or unilaterally, without any particular formality, and was signified by the termination of cohabitation.
The practice of polygamy in Indigenous communities has been influenced by external factors over time. Government policies, missionary activities, and increasing social contact with non-Indigenous Australians have led to changes in Aboriginal marriage practices. For example, the custom of older men marrying young girls has evolved, with more young men now marrying young women. Polygamy is also being dropped, with these changes attributed to the influence of non-Indigenous culture.
While polygamy is not legally recognised in Australia, some groups have advocated for its legalisation. A PhD candidate at the University of Adelaide, Michail Ivanov, has proposed a model that would legalise polygamy without disrupting the foundations of Australian marriage law. Ivanov's model suggests removing the offence of bigamy while maintaining penalties for misleading a potential spouse about their marital status. This approach aims to ensure that marriage remains legally structured around couples while allowing individuals to enter multiple marriages.
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Bigamy is a criminal offence
Polygamy, or the crime of bigamy, is illegal in Australia. Bigamy is a criminal offence and is defined as marrying someone while still being legally married to another person. Under Section 94 of the Marriage Act 1961, it is an offence to contract a legally recognised marriage while still married, and carries a maximum penalty of five years' imprisonment.
Bigamy laws in Australia prohibit a person who is already married from going through a marriage ceremony with another person. This means that an individual cannot have more than one legally recognised spouse at the same time. The Full Court of the Family Court of Australia ruled in 2016 that polygamous marriages are illegal in Australia.
However, it is important to note that de facto relationships are treated differently. While polygamy is illegal, it is not illegal to have multiple de facto relationships at the same time. Section 4AA(5)(b) of the Family Law Act explicitly allows for this, stating that a de facto relationship can exist even if one person is legally married or in another de facto relationship.
In addition, foreign polygamous marriages are not generally recognised in Australia. However, there is an exception for marriages that are not initially polygamous but could potentially become polygamous at a later date under the laws of the country where the marriage took place. These marriages will be recognised in Australia, but any subsequent polygamous marriage will not be.
While polygamy remains illegal in Australia, there have been calls for its legalisation. Some argue that it would protect the rights of women, while others claim that it would endanger the Australian way of life. There is also research proposing a model for legalising polygamy without disrupting the foundations of Australian marriage law.
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Polygamous marriages are rare globally
Polygamy, or a legally or customarily recognised marriage involving three or more people, is illegal in Australia. However, overseas marriages that are potentially polygamous are recognised in Australia, as long as they are not subsequently polygamous. For example, if a husband takes a second wife, this second marriage will not be legally recognised in Australia while he remains married to his first wife.
In some countries, polygamy is only legal for followers of certain religions. For example, in India, only Muslim men are allowed to marry multiple women. Similarly, in the Philippines, polygamy is only allowed in "exceptional cases" for Muslims, where a man can provide for his wives with equal companionship. In other countries, polygamy is outright illegal. This includes Brazil, China, and all 50 states in the US, although Utah has reduced polygamy from a felony to an infraction, punishable by a fine.
The debate surrounding the legality of polygamy is fierce. Some proponents of polygamy argue that it creates stable families and protects the rights of women. On the other hand, opponents argue that polygamy is exploitative, reinforces gender inequalities, and endangers the Australian way of life.
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Frequently asked questions
Yes, polygamy is illegal in Australia. However, it is not illegal to have multiple de facto relationships at the same time.
Foreign polygamous marriages are not recognised in Australia. However, a foreign marriage that is not polygamous but could become polygamous at a later date under the law of the country where the marriage took place is recognised in Australia.
A person who marries another person while still being married commits the offence of bigamy under section 94 of the Marriage Act 1961, which carries a maximum penalty of 5 years imprisonment.
