Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 (112 of 2020)

Schedule 1   Amendment of the Family Law Act 1975

Family Law Act 1975

2   At the end of section 44

Add:

Proceedings under Part VIIIC

(7) Subject to subsection (9), a party to a de facto relationship may apply for an order under Part VIIIC only if:

(a) the application is made within the period (the standard application period ) of:

(i) 2 years after the end of the de facto relationship; or

(ii) 12 months after a Western Australian financial agreement (within the meaning of Part VIIIC) between the parties to the de facto relationship was set aside, or found to be invalid, as the case may be; or

(b) both parties to the de facto relationship consent to the application.

(8) However, if proceedings are instituted by an application made with the consent of both of the parties to the de facto relationship, the court may dismiss the proceedings if it is satisfied that, because the consent was obtained by fraud, duress or unconscionable conduct, allowing the proceedings to continue would amount to a miscarriage of justice.

(9) The court may grant the party leave to apply after the end of the standard application period if the court is satisfied that hardship would be caused to the party or a child if leave were not granted.