De facto Family Law – Perth – Western Australia

The law, including case and statute law, as it relates to de facto couples and family law in Perth, Western Australia may be of interest to you if you are in a family law matter involving a de facto relationship.[br][br]

Below is just a sample of some of the current statute law as it can relate to de facto relationships in Perth, Western Australia and throughout Western Australia.[br][br]

We will post blogs of summaries of local cases that may be of interest to you as they are published.
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Case law is different to statute law and it can influence the way that statute law is interpreted or even changed. [br][br]

Cases about family law matters that deal with de facto matters are being published regularly and those cases can change the law as it relates to you.[br][br]

A sample of statute law (that is not case law) that may be of interest to you follows.[br][br]

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FAMILY COURT ACT 1997

SECTION 205X PEOPLE TO WHOM THIS PART APPLIES — CONNECTION WITH WA

205X [br][br]Despite section 36(5), before making an order under this Division a court must be satisfied —[br][br]
(a) that one or both of the parties to the application were resident in Western Australia on the day on which the application was made; and
(b) that —[br][br]
(i) both parties have resided in Western Australia for at least one third of the duration of their de facto relationship; or[br][br]
(ii) substantial contributions of the kind referred to in section 205ZG(4)(a), (b) or (c) have been made in the State by the applicant.
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SECTION 205ZG ALTERATION OF PROPERTY INTERESTS — FLA s 79
205ZG(1) [Orders][br][br]

In proceedings with respect to the property of de facto partners, or either of them, the court may make such order as it considers appropriate altering the interests of the parties in the property, including an order for a settlement of property in substitution for any interest in the property and including an order requiring either or both of the partners to make, for the benefit of either or both of the partners or a child of the de facto relationship, such settlement or transfer of property as the court determines.[br][br]

205ZG(2) [Estate of deceased person][br][br]

An order made under subsection (1) in proceedings with respect to the property of de facto partners, or either of them may, after the death of a partner to the proceedings, be enforced on behalf of, or against, as the case may be, the estate of the deceased party.[br][br]

205ZG(3) [Just and equitable requirement]

The court must not make an order under this section unless it is satisfied that, in all the circumstances, it is just and equitable to make the order.[br][br]

205ZG(4) [Matters to be taken into account]

In considering what order (if any) should be made under this section in proceedings with respect to any property of de facto partners, or either of them, the court must take into account —
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(a) the financial contribution made directly or indirectly by or on behalf of a de facto partner to the de facto relationship or a child of the defacto relationship to the acquisition, conservation or improvement of any of the property of the de facto partners, or either of them, or otherwise in relation to any of that last-mentioned property, whether or not that last-mentioned property has, since the making of the contribution, ceased to be the property of the de facto partners or either of them;[br][br]

(b) the contribution (other than a financial contribution) made directly or indirectly by or on behalf of a de facto partner or a child of the de factorelationship to the acquisition, conservation or improvement of any of the property of the de facto partners or either of them, or otherwise in relation to any of that last-mentioned property, whether or not that last-mentioned property has, since the making of the contribution, ceased to be the property of the de facto partners or either of them;[br][br]

(c) the contribution made by a de facto partner to the welfare of the family constituted by the de facto partners and any children of the de factopartners, including any contribution made in the capacity of homemaker or parent;[br][br]

(d) the effect of any proposed order upon the earning capacity of either de facto partner;
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(e) the matters referred to in section 205ZD(3) so far as they are relevant;
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(f) any other order made under this Act affecting a de facto partner or a child of the de facto relationship; and[br][br]

(g) any child support under the Child Support (Assessment) Act that a de facto partner has provided, is to provide, or might be liable to provide in the future, for a child of the de facto relationship.

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INTERPRETATION ACT

13A.[br][br] De facto relationship and de facto partner, references to[br][br]

(1) A reference in a written law to a de facto relationship shall be
construed as a reference to a relationship (other than a legal
marriage) between 2 persons who live together in a
marriage-like relationship.
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(2) The following factors are indicators of whether or not a de facto
relationship exists between 2 persons, but are not essential —
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(a) the length of the relationship between them;
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(b) whether the 2 persons have resided together;
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(c) the nature and extent of common residence;
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(d) whether there is, or has been, a sexual relationship
between them;[br][br]

(e) the degree of financial dependence or interdependence,
and any arrangements for financial support, between
them;
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(f) the ownership, use and acquisition of their property
(including property they own individually);
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(g) the degree of mutual commitment by them to a shared
life;[br][br]

(h) whether they care for and support children;
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(i) the reputation, and public aspects, of the relationship
between them.
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Interpretation Act 1984[br][br]

General interpretation provisions Part II
s. 13B[br][br]

As at 21 Jan 2011 [br][br]

(3) It does not matter whether —
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(a) the persons are different sexes or the same sex; or
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(b) either of the persons is legally married to someone else
or in another de facto relationship.
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(4) A reference in a written law to a de facto partner shall be
construed as a reference to a person who lives, or where the
context requires, has lived, in a de facto relationship.
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(5) The de facto partner of a person (the first person) is the person
who lives, or lived, in the de facto relationship with the first
person.

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This blog is in no way intended to be legal advice.
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If you require legal advice about de facto family law and or relationships you should seek the services of an experienced family lawyer in a well established firm.

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