By Sharla Stevens
To date, de facto couple in Western Australia, have not been able to split their superannuation after a relationship breakdown. WA is the only state or territory in Australia that does not have provision in their legislation for de facto couples to split their superannuation.
The Federal Attorney-General has recently agreed to bring the issue forward so that de facto couples in WA have access to the same options as married couples in WA. It has been suggested by the Federal Attorney-General that there could be a limited referral of power, which means that the Family Court of WA would apply the federal Family Law Act only in relation to the superannuation splitting orders for de facto couples. WA would continue to apply their State legislation (the Family Court Act 1997) for the remainder of property matters for de facto relationships.
The federal Family Law Act, which applies in all other Australian States and Territories, extend superannuation splitting Orders to de facto couples in 2009.
Do you need advice from a family lawyer? Please contact Canberra family lawyer Sharla Stevens or one of our other experienced solicitors here at Alliance Legal Services on (02) 6223 2400.
Please note our blogs are not legal advice. For information on how to obtain the correct legal advice, please contact Alliance Legal Services.