Two's Company, Three's a Crowd: A critical analysis of the interpretation of the Property (Relationships) Act 1976 regarding a polyamorous relationship in Mead v Paul

Abstract

Designed as a form of social legislation to recognise a spectrum of relationships and promote a just division of assets after relationship dissolution, the Property (Relationship) Act 1976 encounters a challenge highlighted by Paul v Mead. This challenge underscores that both the Act itself and its subsequent judicial interpretations still favour a perspective centred around the colonial nuclear family framework when delineating the essence of partnerships and family. This sentiment is evident in each Court which engaged with this case following the two subsequent appeals after the initial Family Court appearance. This essay will argue that the effect of this ill-fitted Act is that polyamory exists as a legal afterthought, thus restricting access to equal rights and justice to those in multi-partner relationships.