A Bill to give effect to a 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 has been introduced in the Parliament.
Currently, Western Australia is the only Australian State that cannot divide superannuation when de facto couples go through a property settlement. In 2006, Western Australia enacted the Commonwealth Powers (De facto Relationships) Act 2006 (WA) to provide a limited referral of power to the Commonwealth, to enable the splitting of Western Australian de facto couples’ superannuation in family law matters.
Schedule 1 of the Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Bill 2019 will enable separating de facto couples in Western Australia to achieve a fair split of their superannuation assets in property settlements. It will create a new Pt VIIIC in the Family Law Act 1975 to deal solely with superannuation splitting for separating de facto couples in Western Australia.
All other aspects of property splitting for separated Western Australia de facto couples will continue to be dealt with under the Western Australian law.
Yours faithfully
Sue Thomson
Sue Thomson Solicitors – Family Law
Suite 1/100 Terrace Road, East PERTH WA 6004
P.O. Box 3020 East Perth WA 6892
Tel: +61 8 61 61 1685 Mobile: 0407 700 711
Accredited Family Law Specialist
Accredited Family Law Mediator
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