We provide specific advice for de facto parties in relation to, in particular, the impact of separation on children and property matters.
The Family Court Act 1997 (WA) deals with protecting the rights of parties who have lived together in a de facto relationship for at least 2 years and have separated after 1 December 2002.
- In relation to property settlement after separation, and pursuant to section 205Z of the Family Court Act 1997, a Court may make an Order only if satisfied:
- There has been a de facto relationship of at least 2 years;
- There is a child of the relationship; or
- The de facto partner who applies for the Order has made substantial contributions of a kind mentioned in s205ZG(4)(a), (b) or (c) and failure to make the Order would result in serious injustice to the partner.
- There is a time limit of 2 years for either party to apply to the Court for a property settlement or spousal maintenance from the date of separation. Thereafter, the leave of the Court will need to be sought to pursue property proceedings in the Family Court of Western Australia.
At WA Family Legal, we will help you by:
- Providing legal advice in relation to jurisdictional issues, time limits and costs;
- Preparing your Application;
- Filing your Application in the Family Court of Western Australia;
- Arranging for the personal service of your Application;
- Liaising with your de facto partner or, if represented, their solicitors;
- Representing you in the Family Court, if necessary; and
- Troubleshooting anticipated difficulties you may experience with costs, service, jurisdiction etc.
We will also provide comprehensive legal advice in relation to how separation may affect other areas such as children and property, Wills, superannuation etc.