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Defacto relationship breakdowns in Western Australia are dealt with very similarly
to divorce, although some conditions apply.
Defacto couples are dealt with under the Western Australian Family Court Act. In Western Australia, their disputes are dealt with in the Family Court of Western Australia.
In child related cases, provided that the child and one of the parties to the proceedings resides in Western Australia, the Family Court of Western Australia normally deals with the matter.
A defacto couple can seek a property settlement from the Family Court of Western Australia provided that:
- Firstly, they satisfy the definition of a defacto couple under section 13A of the Western Australian Interpretation Act. This includes a consideration of a number of factors, not all of which are required in every case;
- Secondly, at least one of them is residing in Western Australia,
- Thirdly, the couple spent at least a third of their relationship residing in Western Australia or made substantial contributions of the kind referred to insection 205ZG(4)(a), (b) or (c) in Western Australia; and
- Fourthly, the Court must also be satisfied that:(a) there has been a de facto relationship between the partners for at least 2 years; or(b) there is a child of the de facto relationship who has not yet attained the age of 18 years; and failure to make the order would result in serious injustice to the partner caring or responsible for the child; or(c) the de facto partner who applies for the order made substantial contributions of a kind mentioned in section 205ZG(4)(a), (b) or (c) and failure to make the order would result in serious injustice to the partner.
If the parties fall within the above requirements then the law that applies is almost identical to the law applied to married couples.
Time Limitation of Claims
If you wish to make a claim for property adjustment or spousal maintenance, you must apply within 2 years of the date that your de facto relationship ended. There can sometimes be a difference of opinion between the parties as to when the relationship ended, so you need to be careful about delaying your application.
If your relationship has broken know you need to know your rights and receive a fair settlement, take the stress out and call O’Sullivan Law on 08 6389 0305 and we will take care of you.
Restraining orders are an unfortunate part of life, they are an enforceable (by police) court order, If someone breaks a violence restraining order the maximum penalty is $6000, 2 years imprisonment or both.
Restraining orders prevent a person from doing particular acts, such as coming within a certain distance of another person generally for a period of 2 years.
They are often made in situations of domestic abuse or inappropriate behavior.
A restraining order may be obtained if a court is satisfied that the person the restraining order is taken against has committed an act of abuse and may commit another such act or that the person asking for the restraining order reasonably fears such abuse.
According to section 11B of the Restraining Orders At 1997, a restraining order can be made for the benefit of a child if the child has been exposed to or there is a fear the child will be exposed to an act of family or domestic violence.