Vol. 44 No. 1 (2025): The University of Queensland Law Journal
Article

Polygamy: Proper or Primitive? Possible Pathways to Permitting the Practice in Australia

Michail Ivanov
University of Adelaide

Published 2025-03-10

Keywords

  • polygamy,
  • marriage,
  • family,
  • Religion,
  • polyamory,
  • mead v paul
  • ...More
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Abstract

This article examines the history of polygamy, globally and particularly within Australia. It traces the emergence of marriage as an institution, including the institutionalisation of monogamy and displacement of polygamy as a social norm in most parts of the Western world. It finds that polygamy can be an egalitarian practice when its foundations are not religious, regardless of whether those enjoying the practice are themselves religiously motivated. The article proposes for the legalisation of polygamy under the Marriage Act 1961 (Cth) and Family Law Act 1975 (Cth) — the two primary Australian statues governing marriages. Modelled on the Supreme Court of New Zealand’s decision in Mead v Paul [2023] NZFLR 75, this article proposes to recognise polygamous marriages — those between three or more persons — as sets of couples.