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‘Litigation explosion’ incoming for polyamorous relationships, family lawyer predicts
Although the law has caught up with non-traditional relationships, a principal who has represented polyamorous relationships predicted there will be a “litigation explosion” with whole new ground to cover.
Naomi Neilson
Speaking on his 30 years of experience in family law, Michael Tiyce, principal of Sydney-based firm Tiyce & Lawyers, said the law has adapted to suit the changing attitudes towards non-traditional relationships, including for polyamorous people.
In March 2009, this saw the Family Court and then-Federal Circuit Court take on financial and property matters in de facto relationships, according to the Australian Institute of Family Studies.
“The definition of de facto relationships and the law kind of moved with the times, and people were able to structure their relationships – including what we might describe as non-traditional relationships – a little more easily,” Tiyce told Lawyers Weekly.
One of the most common issues to arise for people in polyamorous relationships is the division of property, particularly if one person enters the relationship much later than anyone else.
“If you have a property with your wife, and she’s worked to build up that property pool, then why should Johnny or Jane, who have just come in, be able to make a claim on that property?” he said.
Tiyce added that it is up to lawyers to “tease out who owns what” and encourage clients to make financial agreements and other related legal documents to “make it clear in the event that there is an exit”.
“If you have a house and garden with your wife, but then you potentially have a boyfriend or girlfriend who comes in, are they part of the relationship – because you can have throuple relationships – or are they treated separately?” Tiyce said.
While it may be “more challenging” to identify an asset pool, Tiyce said the law is “pretty clear” and based on “who brought what in and who has made financial and non-financial contributions”.
Given de facto relationships, like polyamorous relationships, are still relatively new, there is still a lot to explore – and Tiyce said the “next big ticket item” is likely to be in the wills and estates space as people in these non-traditional relationships get older.
“People who are a surviving partner, for example, might be making a claim on the estate of the deceased and the widow, because they haven’t had a claim successfully or they haven’t had a provision made to them out of a will,” Tiyce said.
He added it is where the “next litigation explosion is”.
Given where the law stands and existing legal experiences, Tiyce said lawyers are “usually pretty effective” in negotiating settlements and could continue to do so in this area of law.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
