Do De Facto Partners Have the Same Rights as Married Couples in WA?

Among the many queries put to family lawyers Perth regarding rights associated with de facto partners, the one most often asked by clients pertains to whether de facto couples have similar rights to those who are married in Western Australia (WA). Briefly put, the answer can be given as follows: generally speaking, yes – although some distinctions should be taken into account.

Below, the following blog explains how de facto relationships are treated in Western Australia, and will be examined further, and what rights apply.

Do De Facto Partners Have the Same Rights?

A couple may stay together, share accounts, and create a life without necessarily being married. But how does this impact their legal status? Let us find out!.

1. Property Settlement Rights

In the state of Western Australia, like married couples, de facto partners have access to property settlement rights through the Family Court. However, to be eligible, de facto partners must demonstrate that:

• A de facto relationship of at least two years’ duration,
• The couple has a child together,
• Or there has been a significant contribution made by one or both partners, either financially or otherwise.

Once there is eligibility to make a property settlement application, the court will assess:

• Contributions made by each of the parties to the de facto relationship,
• Future needs of each party, and
• Financial contributions and non-financial contributions made by each party.

This means that just because spouses are married, they do not automatically split their property 50/50, even though, in practice, the entitlements of de facto partners upon separation are very much like those of married partners.

2. Spousal Maintenance

De facto partners may also apply for spousal maintenance from the other partner if the following criteria are met:

• One of the parties to the de facto relationship cannot adequately support themselves, and
• The other party can provide that support.

To ensure that de facto partners have access to spousal maintenance, de facto separation entitlements WA laws have been revised to align the availability of spousal maintenance for de facto partners with that of married partners.

3. Parenting and Children

Courts treat married and non-married parents the same when it comes to their children. Factors considered by the court include:

• The child’s best interests
• Parenting arrangements
• Financial support to children (Child support obligations)

Whether the parents were married or not has no impact on any of the above. An experienced de facto separation lawyer will work to protect your rights and ensure a fair outcome.

4. Superannuation Splitting

A major difference in the state of Western Australia (WA) is that the superannuation splitting laws are not as widely applied as they are in other states.

Western Australia has yet to refer powers to the Commonwealth; therefore:

• Superannuation splitting may not necessarily be performed in the same streamlined manner.
• Different courts may require different procedures to effect superannuation splitting.

Consulting an experienced de facto relationship lawyer is essential in this area of law.

5. Estate and Inheritance Rights

De facto partners are entitled to inherit from their deceased partner in WA.

A de facto partner may inherit from a partner who has died:

• Where the partner had not made a will (intestacy)
• Where the de facto partner can argue that they were inadequately provided for by the deceased.

De facto partners are recognised as legitimate beneficiaries under the law when the will is being considered for administration.

The Importance of Legal Advice

Because WA’s unique laws differ from those of other states, you should always get professional legal help from experienced Family lawyers Perth WA when:

• You start a serious relationship
• You separate from a partner
• You negotiate your property settlement
• You prepare a financial agreement

When Are Rights Triggered?

Rights as a de facto partner will not come into force automatically. For the relationship to qualify for legal rights (de facto partners), you must satisfy several legal criteria.

That’s why it’s important to obtain legal advice from experienced Family Law Solicitors Perth before:

• You are unsure if your relationship qualifies
• There are substantial assets
• There is a child or financial dependency between you

Conclusion

In Western Australia, de facto couples have very comparable rights to those of married couples, especially in relation to asset division, maintenance payments, and child custody issues. Nevertheless, there are still some key differences.

It is essential to be aware of these differences to safeguard your rights. In case you are sceptical about your rights and responsibilities, it may be helpful to consult with the best family lawyers in Perth.