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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5421
Experience:  Dip Law LPAB - Sydney based lawyer
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Is Polygamy legal in australia? What are the legal system

Customer Question

Is Polygamy legal in australia?
What are the legal system available and rights when it comes to divorce or seperation?
How are the assets distributed? When the other person is living with the other person?
Is it as a normal divorce?
What happens when the other person is dependent on the person who is doing the polygamy realationship?
Submitted: 10 months ago.
Category: Australia Law
Expert:  Patrick H. replied 10 months ago.

Sorry, can you explain precisely your situation, and if there are multiple spouses, who is leaving who and what property is available for distribution?

Are there any children involved?

Where did the marriages occur and when?

Customer: replied 10 months ago.

Only I'm married to one other and he his living with another woman for over 12 montjd now so defacto realationship but not married to her and comes back and forth to both properties

No children envolved.

Expert:  Patrick H. replied 10 months ago.

Polygamy is illegal in Australia under the Marriage Act, but is only an issue where a person has married a person whilst previously married to another, it is not applied where someone has merely entered into a de facto relationship with another but has not actually married them.

In therms of property splits, if assets are to be claimed from your husband then things can get complicated if he has mixed his assets with his new defacto partner, so if you intend to make a claim on his property under the Family Law Act, then you should do so sooner rather than later as such a claim will only get more complicated over time, not less. A court will try to exclude the assets of the de facto from the assets available for distribution between you and your husband.

In principle, the parties to a marriage are entitled to a fair share of their combined assets upon divorce, having regard to what each party contributed both initially and throughout the relationship. Because assessing what is fair will depend on a detailed examination of your relationship history and your financial and non financial contributions, only a fully briefed lawyer can give you a firm view as to what you are likely to be entitled to, however, I trust the above assists your understanding of the approach the courts take in determining what is fair.

I trust the above assists.

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