ASB Law

So many of us need family law services at some point in our lives. That experience should minimise the trauma at a difficult time, not add to it. ​​​​​​​​
​​​​​​​​
ASB Law was founded to make family law more transparent, more just and more impactful. Our staff, our structures and our practices are all geared to making that change.

As of 28 September 2022, new laws have commenced to allow de facto couples in Western Australia to make orders splitting their superannuation entitlements between them as part of a financial settlement. This includes those with existing family law proceedings, if those proceedings have not been finally determined. This previously was not possible.

The new laws give effect to a narrow referral of power from Western Australia to the Commonwealth in respect of superannuation matters in family law proceedings for separating de facto couples in Western Australia, and inserts a new Part VIIIC in the Family Law Act 1975 (Cth).

Refer to joint media statement of the Attorneys General: https://ministers.ag.gov.au/media-centre/new-laws-support-separating-de-facto-couples-western-australia-28-09-2022”

On 6 April 2022 the Family Court Amendment Bill 2022 was introduced into WA Parliament to allow the splitting of superannuation of separating de facto couples in Western Australia.

What may be less known is that there are also a number of new provisions proposed to be made to the Family Court Act 1997 (WA) to align with existing aspects of the Family Law Act 1975 (Cth) including de facto partners in WA will soon be able to consent to their application for a property settlement proceeding out of time.

Currently de facto parties are unable to consent to their application proceeding out of time and must seek and obtain a finding from the Court that hardship would be caused (Jones v Hills [2016] FCWA 87).

Practically, this usually involves the parties having to file evidence to support such a finding. This proposed change will likely make it easier for de facto parties and with less paperwork to proceed with a property settlement application where they consent to proceeding with it out of time.

The explanatory memorandum in support of the Bill can be found at the below link:
https://www.parliament.wa.gov.au/Parliament/Bills.nsf/DBCD3282603D62794825881B003056CD/$File/EM%2B66-1.pdf