Many couples residing in Perth who are not married but are in a long term committed relationships, are most of the time unlikely aware that they are in a de facto relationship under Western Australian family law.
If you are in an existing relationship with your partner and your relationship satisfies a specific list of prerequisites/criteria under Western Australian family law, you may be in a formal legal relationship under WA family law known as a ‘de facto relationship’.
Informal versus formal separation of de facto relationship
Separating from a de facto partner in Western Australia can be confusing as it is open to couples to settle things either informally or formally. If a de facto couple chooses the formal process, separation inevitably involves the assistance of the Family Court of Western Australia.
Formal separation
If your relationship with your partner satisfies the prerequisite/criteria under WA family law, and your relationship is considered a de facto relationship in WA, subject to you and/or your partner residing in Western Australia, the Family Court of Western Australia is likely to have authority and power to make decisions regarding tangible items brought into the de facto relationship such as:
Property e.g. house and apartment
Cars, motorcycles, caravans, boats, and jet skis
Personal effects e.g. jewellery, cookware
Once a de facto relationship is established, the Family Court of Western Australia also has significant authority and power under WA family law to make decisions in the form of court orders, regarding:
Parental responsibility of children
Income distribution between partners (spousal maintenance)
Why is it important to know whether you are in a de facto relationship in Western Australia?
If you or your partner require the assistance of the Family Court of Western Australia in relation to making decisions regarding your relationship, the Family Court of Western Australia will first require that either you or your partner satisfy the Court that a de facto relationship exists.
Get advice today from a Perth family lawyer at BMS LAW
You may benefit from speaking to a Perth family lawyer at BMS LAW if the following describes your circumstances:
You are in a relationship for over 12 months and you are considering separating with a partner whom you have lived with for many years in Perth
You may have just separated with a partner whom you have lived with for over 12 months in Perth
You have separated with a partner whom you have lived with in Perth for over 12 months and 2 years has not elapsed since separation date.
If your circumstances are much more complex e.g. gaps in relationship due to Covid/ travel/ work commitments overseas, please get in touch with us to discuss whether we may be of assistance.
Call us today (08) 6389 0270 or email info@bmslaw.com.au and discuss with us how we can assist you through this difficult time.