The Commonwealth has enacted new laws to enable superannuation splitting for separating de facto couples in Western Australia.

The amendments to the Family Law Act 1975 formally mark the Commonwealth’s acceptance of WA’s limited referral of power in relation to superannuation splitting only.

All other aspects of Western Australian family law property proceedings for de facto couples will continue to be dealt with under Western Australian law, i.e. the Family Court Act 1997 (WA).

While the legislation received assent on 8 December 2020, commencement will be by proclamation to give the WA Government time to enact the necessary amendments to its own legislation.

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