Lan Nguyen, ‘Ethical, but Economical, Non-Monogamy’

ABSTRACT
Ethical non-monogamy (ENM) relationships, such as polyamorous relationships, challenge the structures that support intimate relationships between two people. Polyamorous relationships are increasingly visible in modern society but remain unrecognised in Australian law. This lack of recognition imposes legal, emotional, and economic costs on those involved. This essay explores the lack of law around polyamorous relationships, in areas such as property rights, and family violence protections. Using social exchange theory, the paper analyses how individuals evaluate the benefits and burdens of these relationships, and why legal recognition matters for ensuring fair and stable outcomes. Because of the failure of the law to recognise polyamorous relationships, individuals must rely on private agreements that can lack enforceability and increase transactional costs. Reform is necessary: the introduction of legal recognition and default protections would reduce uncertainty, promote equity, and support the flourishing of diverse relationship structures.

Nguyen, Lan, Ethical, but Economical, Non-Monogamy (July 28, 2025).

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