Who knew? The law needs to catch up to dealing with romantic relationships involving multiple partners.
Some people can't even go on one date and others find themselves in close romantic relationships with several people all under the same roof! If you find yourself in one of these unique situations, you're practising polyamory, which is defined by the Merriam-Webster Dictionary as: "the state or practice of having more than one open romantic relationship at a time."
Although relatively rare, these situations do exist, but the law hasn't really caught up yet. What happens legally if one person leaves a relationship of three people (a "thruple") and there are relationship-based assets to divide? Sound complicated? Well, it kind of is. The problem is that the law relates almost entirely to couples.
Article excerpt: "As non-traditional relationships become more visible across Canada, a growing number of people are entering into polyamorous relationships. The legal system is struggling to keep up.
While polyamory itself is legal, experts say gaps in Canada’s legal framework leave multi-partner families navigating uncertain terrain when it comes to property, parenting and financial protections.
At the centre of the issue is Section 293 of the Criminal Code of Canada, which criminalizes polygamy - but not polyamory.
B.C. family lawyer Marcus Sixta says the distinction is critical.
'If you’re married to more than one person at a time, that’s called polygamy,' he explained in an phone interview with CTVNews.ca Thursday. 'Polygamy is illegal in Canada... punishable by up to five years in prison.'
Polyamory involves multiple consenting adults in a committed relationship without legal marriage between more than two partners. It’s legal across Canada, but how polyamory is covered in family law varies across provinces and territories.
Sixta said his west coast office is seeing more people in polyamorous relationships seek legal advice, as clients try to navigate the lagging legal system."
I know a few family lawyers, and I can't imagine the nightmares these sorts of situations would involve because there are enough horror stories out there about divorces or break-ups involving only two people. Polyamory just complicates things to another level. But hey, to each their own!
Read: Polyamory is growing in Canada, but the legal system hasn’t caught up.
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