All of us know what a couple is and we've all become or currently in a relationship with someone. But what if we tell you that there can be more than two people in a relationship? No, this situation isn't about cheating, but a throuple relationship setup.
Three people in a romantic relationship? That's mad as a cut snake! As unusual as this relationship type is, it does exist. This relationship structure involves a third person which is also similar to polyamorous relationships. Consent to engage in this relationship is important which means all individuals involved must be aware of the open relationship setup.
Polyamory in Australia?
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 they don't marry more than one person.
So, does this mean a person can marry a person and have a de facto relationship with another? Yes! They just have to make sure that they have the consent of their married partner to enter into a throuple relationship. Although there are provisions for non-conventional relationships like de facto relationships, there are no exact provisions for a polyamorous relationship.
Let's study further what a de facto relationship is.
De Facto Relationships and the Law
Since March 1 2009, state and territory laws gave provisions for de facto relationships in Australia. Section 4AA of the Family Law Act of 1975 now broadly defines de-facto relationships. 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 (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 and what a de facto relationship is, it's time to discuss the legal implications of a throuple relationship. How will divorce/separation work with all the people involved?
Let's use a three person relationship example. Jerome, Linda, and Samantha are in a polyamorous relationship. Jerome and Linda are the marital couple and Samantha is Jerome's de facto partner. Jerome's 3-year de facto relationship with Samantha comes to an end after they have a relationship breakdown.
Now, Jerome wants to commence proceedings. He would still have to prove his committed relationship with his de facto partner, Samantha. Samantha will also have to do the same. What about Linda then?Linda can also join the proceedings since there may be assets and finances that she is entitled to receive in Samantha and Jerome's relationship.
People in throuple relationships should be mindful of assets and finances, regardless of any type of relationship. In Australia, two people proven in a de-facto relationship have the same rights and protections under the Family Law Act. That means that even if they break up they have the same rights as a divorced couple.
Let's find out what separated couples will encounter during divorce proceedings.
Why Throuples Can Be a Handful
Let's get straight to it — jealousy can wreck most relationships. Throuple relationships are the most vulnerable type of relationship to experience jealousy issues. All people in this relationship must work to maintain a healthy and functional throuple relationship.
Not all people may also be socially open or religiously open to such relationship setups. Hence, throuples may face exclusion from holidays, work events, or family gatherings. Finally, people in this relationship may find it difficult to communicate about:
- Establishing boundaries in order to feel valued and understood
- Emotional and sexual boundaries among all members in the relationship
- Any issues that may arise in the relationship
Let's see the following procedures that couples or throuples may go through after a divorce or breakup:
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
If you're in a throuple relationship, you should check in with your partner if you are entitled to any of the aforementioned. You wouldn't want two or more people who will benefit from these and leave you out of the equation.
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. People in polyamorous relationships who are married and are in a de facto relationship have two settlements and spousal maintenance to worry about. But, how can a person in a throuple relationship protect his/her finances and assets during a relationship breakdown with more than one partner?
A binding financial agreement (BFA) can solve this. Ex-couples can use this with their partner or partners in order to secure their assets and finances. Couples may draft a BFA before and after a relationship breakdown. This agreement 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.
So, yes! It's a good idea for couples or throuples to use this agreement to prevent future or possioble disputes about their finances and assets.
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
Three-Way Relationship Matters? Yes, We Can Help With That!
Polyamorous relationships can get messy if couples involved in the preexisting relationship suddenly enter into a divorce. Did they do it because of internal problems? What if the divorce/breakup came from jealousy or spite? Were there children involved in the relationship?
So much questions and so much more answers to come. JB Solicitors can aid parties involved in a marriage, in a polyamorous relationship, or in a de facto relationship to:
- Create legally binding financial agreements before during or after a relationship
- Identify assets and finances in the property settlement phase
- Aid couples residing overseas in migrating to Australia
- Determine which couple in a polyamorous relationship needs spousal maintenance
- Make parenting plans for children
- Aid in 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 they can get 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.
