Polygamy in Australia

rdf:langString Polygamy in Australia

rdf:langString Polygamy is not legally recognised in Australia. Legally recognised polygamous marriages may not be performed in Australia, and a person who marries another person, knowing that the previous marriage is still subsisting, commits an offence of bigamy under section 94 of the Marriage Act 1961, which carries a maximum penalty of 5 years imprisonment. However, the offence of bigamy only applies to attempts to contract a legally recognised marriage; it does not apply to polygamous marriages where there is no attempt to gain recognition for the marriage under Australian law. Whether or not either or both partners were aware of the previous subsisting marriage, the second marriage is void. Foreign polygamous marriages are not recognized in Australia. However, 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 is recognized in Australia while any subsequent polygamous marriage is not. While under Australian law a person can be in at most one legally valid marriage at a time, Australian law does recognise that a person can be in multiple de facto relationships concurrently, and as such entitled to the legal rights extended to members of de facto relationships. In 2008, Australia's then Attorney General Robert McClelland said that "There is absolutely no way that the government will be recognising polygamist relationships. They are unlawful and they will remain as such. Under Australian law, marriage is defined as the union of a man and woman to the exclusion of all others. Polygamous marriage necessarily offends this definition." (Subsequently, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 changed the legal definition from "the union of a man and a woman" to "the union of two persons".) Former High Court Judge, the Hon. Michael Kirby said in 2012, "Human relationships are complicated, but these, I would respectfully suggest, are issues for the future".