You may have heard of the term couple which is two people in a romantic relationship, but what about a throuple? This relationship structure involves a third person. This is somewhat similar to polyamorous relationships. Throuple relationships must involve consent which means all individuals must be aware of this relationship setup (that is slightly different to an open relationship).
Polyamory is legal in Australia as opposed to polygamy. A polygamous person has multiple spouses while a polyamorous has multiple unmarried partners. According to the Marriage Act 1961, polygamy (or bigamy) is a punishable offence that carries a sentence of up to 5 years. On the other hand, Australian laws will always legally accept polyamory as long as a party does not marry more than one person.
Although today there are provisions for non-conventional relationships like de facto relationships, there are no exact provisions for a polyamorous relationship. This article will provide an overview of throuple relationships.
De Facto Relationships and the Law
While Australian law does not provide a clear definition of 'throuple', it does broadly define de-facto relationships. So, when discussing a three-way relationship, parties to that relationship must prove that they are in a de facto relationship in order for the legal provisions to apply to them.
Section 4AA of the Family Law Act of 1975 provides a definition for de facto relationship. Moreover, the court will consider the following factors when determining a de facto relationship:
- Either partner is not married to anyone else. For a polyamorous relationship, courts will consider one partner who is married to the other.
- The couple is not related to each other by blood (for e.g. cousins, siblings, etc.). The same applies to a polyamorous relationship.
- Live with the intended partner on a genuine domestic basis while having sexual relations for at least 2 years.
- Whether a sexual relationship/sexual feelings exists
- The degree of financial dependence of one or more partners and any financial agreements between them
- Ownership and acquisition of the property
- Degree of mutual commitment to a shared life of the de facto couple or throuple
- If there are children in the relationship
- Whether the de facto relationship is registered under a prescribed law of a state or territory
Legal Implications of a Throuple Relationship
Now that we know that polyamory is legal in Australia, it's time to discuss its legal implications. How will separation work with all the people involved?
Let's use a three-person relationship example. Jerome, Linda, and Samantha are in a throuple relationship. The three parties have been in a de facto arrangement. However, now the relationship has broken down.
If Jerome, Linda and Samantha are able to demonstrate that they were in a de facto relationship under Section 4AA of the Family Law Act (1975), they will be able to commence legal proceedings in the family court.
Therefore they can determine how the assets and finances should be divided amongst the three of them based on provisions and entitlements that are outlined in the Act.
It's also important for people to be mindful of assets and finances, regardless of any type of relationship. Just like married couples, parties involved in a de facto relationship can undergo legal proceedings regarding finances and assets after a relationship breakdown. More is explained below.
1. Property Settlement
Property settlement is the legal process of dividing a divorced or separated couple's finances and assets. Just like married couples, de facto couples, and even throuples have the right to undergo property settlement. The following are taken into account during the property settlement phase:
- Any real estate and/or the family home
- Money in banks or joint bank accounts
- Investments
- Insurance policies
- Inheritance
- Shares
- Superannuation
- Cars, Jewellery, furniture, gadgets
- Debts, mortgages, loans, liabilities
- Superannuation
2. De Facto and/or Spousal Maintenance
These types of maintenance usually follow after the decision of a property settlement. A couple or throuple may have enough finances and assets acquired from the settlement. However, other couples may not have enough for them to achieve a reasonable standard of living. Hence, the partner who is better off financially has the duty and obligation to provide spousal maintenance if the recipient partner:
- Has no means of getting financial aid from his/her family or any other resources
- Is mentally or physically incapacitated
- Cannot secure employment due to lack of skill or educational achievements
- Is the primary caretaker of the child in the relationship
Protecting One's Assets and Finances
Regardless of marriage or de facto relationship, some finances and assets may be shared by both couples until they divorce or separate. But, how can a person in a throuple relationship protect his/her finances and assets during a relationship breakdown with more than one partner?
Any person can use a binding financial agreement (BFA) with their partner or partners in order to secure their assets and finances. Couples may draft a BFA before and after a relationship breakdown. A BFA contains information about each couple's finances and assets and outlines how the division of assets is to take place in the event of a relationship breakdown.
Throuple Partners Residing Overseas
Polyamory and polygamous marriages are not uncommon and can also form part of a tradition, culture, and religious practice in various countries. When a polyamorous partner wants to migrate to Australia, they must qualify for a partner visa. A person can qualify for a partner visa if they are married or in a de facto relationship with a/an:
- Australian citizen
- Permanent resident or eligible New Zealand Citizen
Seeking Legal Advice About a Three Way Relationship
Polyamorous relationships can get messy if all the parties involved in the preexisting relationship are not open to a throuple setup. This could range from property, violence, parenting matters, and many more family law matters. JB Solicitors can aid people who are married, in a polyamorous relationship, or in a de facto relationship with:
- Creating legally binding financial agreements before during or after a relationship
- Identifying assets and finances in the property settlement phase
- Migrating to Australia if they are residing overseas
- Determining which couple in a polyamorous relationship needs spousal maintenance
- Making parenting plans for children
- Child support agreements
Our experienced lawyers will ensure that our client's rights and interests are protected in legal proceedings. We have fixed fees for our family law services so people can get the best results and advice with no additional costs. Do you have any more questions aside from how a throuple relationship works?
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.