Polyamorous relationships are mentioned with more frequency in modern times. In this insight, Sam Mason explores family law in relation to ethical non-monogamous and polyamorous relationships.

What is ethical non-monogamy?

Ethical non-monogamy (ENM) involves relationships where all parties agree to engage with multiple partners, romantically and/or sexually. These relationships are built on consent, communication and honesty, ensuring those involved are fully aware and supportive of the arrangement. We aren’t talking here about legally or religiously recognised marriages with more than one wife or husband per marital unit but rather relationships where not all of the parties are married to one another.

Traditionally, many cultures recognise marriages and relationships between two individuals. However, people are now more open-minded in their pursuit to find the best relationship for them. Studies have shown that non-monogamy is becoming more popular and those who participate can find such relationships as satisfying as conventional monogamous relationships.

A 2021 Frontiers In Psychology study revealed that among a sample of over 3000 single US-based adults:

• 1 in 6 desired to engage in polyamory
• 1 in 9 had engaged in some form of polyamory at some point in their lives
• 1 in 15 knew someone who had previously engaged in or were currently involved in a polyamorous relationship.

The law

Non-monogamous relationships, such as polyamory are not recognised legally in England and Wales. This means that secondary partners, who are not married or in a civil partnership, have little legal protection and few options when it comes to obtaining financial provision to meet their needs and or their children’s needs, following a relationship breakdown.

Those in established non-monogamous relationships who are not married may wish to consider having a bespoke written agreement (sometimes called a Cohabitation or Living Together Agreement) which is a legally binding agreement tailored to their unique circumstances. The written agreement can set out the agreed financial arrangements both during the relationship and in the event of separation, usually on the basis of how the parties’ finances should be divided.

Such written agreements can provide a level of reassurance and protection.  Whilst they aren’t typically romantic to discuss, they can save a lot of time, money and heartache should the relationship break down.

Where there are children involved and parental responsibility, financial provision to meet the children’s needs may also be sought under the Children Act 1989.

Schedule 1 of the Children Act 1989 provides the Court with a range of powers to make financial provision for the benefit of children including for the caring parent where a standard child support payment might not be all that is achievable or needed. It is most often used in cases where the parents or carers were not married and have separated but have children together.

For more resources on polyamory, visit Polyamory UK.

Can we help?

Our friendly team at Geldards are here to support you and your partner(s) to ensure you’ve got things set up as required. If you’d like to discuss your options, contact Samuel Mason (senior associate in the family team) for more help.