Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Bill 2019
The submission to the Senate Legal and Constitutional Affairs Committee in response to the proposed Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Bill 2019 was prepared by the Law Council and the Family Law Section.
The Family Law Section supports the Commonwealth accepting the limited referral of power provided for by Western Australia’s Commonwealth Powers (De facto Relationships) Act 2006 (WA).
The proposed amendments to the Family Law Act 1975 (Cth) (FLA) and the Bankruptcy Act 1966 (Cth) to enable separating de facto couples in Western Australia to have the same rights as all other separating couples in Australia, either those who were married or those who were in a de facto relationship, is welcomed by our members (particularly those who practise family law in Western Australia) and by the community.
In circumstances where superannuation is a significant asset for many couples, it is only proper that Western Australian de facto couples are able to split their superannuation at the end of their relationship, like de facto couples in every other state and territory of Australia.
You can read the full submission below.