AREA OF LAW

De Facto Separation

De-facto couples who separate after 1 December 2002 are entitled to the same property and maintenance rights as married couples in the Family Court of Western Australia.

De-facto couples can apply to the Family Court of Western Australia for orders in relation to property where:

·  they have been in a de-facto relationship for two years;

·  the parties resided in Western Australia for at least one third of the relationship; and

·  one party resides in Western Australia when the application is filed at the Family Court.

A de-facto relationship is defined as a relationship between two persons who live together in a marriage like relationship.  There are indicators of a relationship which the Court may require to be satisfied and it can be a heterosexual or same sex relationship.

The applications for alteration of property interests for de-facto couples must be filed at the Family Court of Western Australia within two years of separation.  For married couples an application for alteration of property interests must be filed within 12 months of the parties divorce becoming absolute.

See also:

Agreements Child Support Childrens Issues Court Process

De Facto Separation Divorce Parenting Plans, Parenting Orders and Family Dispute Resolution Property Settlements

Spousal Maintenance Superannuation Splitting Your Will & Separation