De Facto and Same Sex Relationships

Generally speaking, a "de facto relationship" is recognised where two people over the age of 18 who are not siblings or a parent/child of the other, live together as a couple in a marriage like way.  This includes same sex couples.  De facto relationships may also be described as "domestic relationships" or "domestic partnerships".

The difference between marriage and de facto relationships under law

The main difference between marriage and de facto relationships are the rules governing them.  Marriage is governed by Federal (or Commonwealth) laws, while de facto relationships in Western Australia, are governed by Western Australian laws.

Separation and division of assets

When you separate from your de facto partner, a common problem is how to divide the assets you have accumulated during your relationship. In Western Australia the law for de facto asset division (property settlement) is quite similar to that of married couples, except in relation to superannuation.  Formalising the division of assets is achieved by way of consent agreement, Court Order, or by a binding financial agreement.

In order to start proceedings for property settlement, you must be able to show that -

• you have been in a de facto relationship for at least two years; or
• there is a child of the relationship under 18 years, and failure to make a property settlement order would cause a serious injustice to the person caring for the child; or
• the person applying for the order made substantial financial and/or non-financial contributions to the relationship and failure to make a property settlement order would cause serious injustice to that person; or
• one or both of the parties to the application must be resident in Western Australia the day the application is made; or
• both parties have to have resided in Western Australia for one third of their relationship, or made substantial contributions to property in this State.

Any application for property settlement has to be made no later than 2 years after the date of your separation.

How Paterson and Dowding can help you

The Commonwealth Government has introduced laws in relation to de facto relationships which may impact upon this information.

Before you begin proceedings, seek the advice of an expert family lawyer at Paterson and Dowding. We can provide timely, realistic advice on how to effectively divide your assets and tailor an agreement that suits your individual needs.