WA paves the way for a super division when de facto go their separate ways
A fairer distribution of assets will be made possible for estranged couples thanks to new laws in Western Australia that will allow superannuation to be split, just like the rest of the nation.
State Attorney General John Quigley has released a statement explaining that the Western Australian Family Court is currently unable to make a pension asset splitting order for de facto couples who had separated. In other parts of the country, or in the case of married couples, this type of order is possible.
There are over 200,000 people in WA who are in de facto relationships.
“Divorcing married couples and separating de facto couples in the rest of Australia should treat superannuation like any other financial asset when making contested settlements.
“But outdated arrangements in WA mean a superannuation nest egg can’t be split between de facto calling partners,” Quigley said.
The retirement pension is a couple’s greatest asset, according to the state government, and the rule affecting de facto relationships has disproportionately disadvantaged women, who retire on average with half the pension. men’s retreat.
“It can create serious inequities where there are not enough other assets to help make an equitable division of property between separating de facto partners and women are extremely disadvantaged in these circumstances,” said the G.
The federal government had to enact enabling legislation before WA could make the necessary legislative reforms to allow this type of order to apply to separating common-law couples.
Years of negotiations dating back to 2006 saw a tussle over which jurisdiction should have powers over the de facto relationship, but the state government said it was finally able to achieve “a close referral of the legislative power” to make this now possible.
Quigley said he made it a personal priority to get the law right when he took office.
“After lengthy negotiations, the Commonwealth Government has agreed to change its laws to accommodate de facto couples in WA and I am delighted to be the Attorney General to bring this important change to Western Australia,” he said. declared.
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