What is Polygamy?
Polygamy involves the practice in which a spouse of either sex can have more than one spouse at a time.
Legality of Polygamy in Australia
Polygamy is illegal in Australia, and this act may not be performed in Australia. A person who marries another, knowing that their previous marriage still subsists will commit an act of bigamy under section 94 of the Marriage Act 1961. The penalty for this offence can be imprisonment of up to 5 years.
In Australia, marriage is defined in the Marriage (Definitions and Religious Freedoms) Act 2017 (Cth) as the union of a man and woman, to the exclusion of all others, voluntarily entered into for life.
Opinions on Polygamy in Australia
Opponents of polygamy highlight the harmful nature it can have towards women. The common practice of polygyny rather than polyandry undermines women’s rights and furthers the gap of gender inequality.
However, proponents for polygamy argue that in circumstances, it may create honesty and transparency in relationships. In 2013, the ‘Polyamory Action Lobby’ submitted a petition to federal parliament, arguing that the illegality of polygamy acts as a “barrier to love”.
Defences to Bigamy
If you think you have committed bigamy, you may be found not guilty if you can prove:
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- A mistake of fact occurred
- Your spouse had disappeared, and you have reasonable believe that they were deceased
- Your spouse has been missing for at least 7 years and you had no reason to believe they were alive
If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.