Polygamy in Australia

From Wikipedia

Polygamous marriages may not be performed in Australia, and the practice of polygamy is prohibited in the country.^[1] 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, and the second marriage is void.^[2]

However, much like the situation in the United Kingdom, polygamous marriages conducted in jurisdictions that legally recognize and perform such unions may be legally valid in Australia for some purposes.^[3][4] While the extent of benefits granted to a foreign polygamous marriage are unclear, benefits such as welfare are legally granted to each spouse and their children.^[5] In addition, the polygamous marriage is recognized for the purpose of a spouse having access to the Family Court for divorce, property settlement and children issues.^[6] While a legal polygamous marriage is not legal the Australian bigamy laws do not prohibit multiple spiritual marriages. In many instances the Australian laws relating to de facto partners will accomodate these spiritual marriages.

Legalization

This is a growing movement^{[citation needed]} with representation in the Sydney Mardi Gras and Internet communities which offer a place to meet and support one another. This is not a religious movement and is more often opposed to the religious variations of polyamory. So while the original author of this document limits his views,^{[clarification needed first person reference?]} it is important to note the increasingly vocal group of Australians in this form of relationship.^{[citation needed]}

While a small minority, there have been a handful of Islamic leaders, particularly Imams, that have pushed for the legislation of polygamous marriages in Australia,^[7][8][9] which has stirred a controversial and emotional debate throughout the nation.^[10][11] Proponents of polygamy have claimed that such legislation would "protect the rights of women,"^[12] while opponents have claimed that it would "endanger the Australian way of life."^[13]

In response to the intensifying debate, Australia's Attorney General Robert McClelland remarked 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 a woman to the exclusion of all others. Polygamous marriage necessarily offends this definition."^[14]

References