De facto Relationships

The Family Court Act 1997 legislation changed on 1 December 2002 to provide equity and access for all Western Australians in all family matters, including de facto relationships.

Child Issues

Parties who separated from a de facto relationship, regardless of the date of separation, are able to access the Family Court of Western Australia for children's matters under the provisions of the Family Court Act 1997. 

Property Issues

Parties who separated from a de facto relationship after 1 December 2002 are able to access the Family Court of Western Australia for property matters under the provisions of the Family Court Act 1997. 

Parties who separated from a de facto relationship before 1 December 2002 are unable to access the Family Court of Western Australia for property disputes and must seek legal advice as to their options.

What determines a de facto relationship?

The following factors set out in s 13A of the Interpretation Act 1984 are used to determine whether a de facto relationship exists between two people, but not all factors are essential:

It does not matter whether:

Last updated: 9-Jul-2014

[ back to top ]