The Family Law Amendment (WA De Facto Superannuation Splitting & Bankruptcy) Bill 2019 was introduced to the House of Representatives on 27 November 2019.

If this bill is successful, de facto couples in Western Australia will be able to split their superannuation as part of a property settlement, bringing WA in line with the rest of the country. It is not yet known if the amendment will be applied retrospectively and/ or to existing applications. Our best assessment is that it will only apply to applications filed after the amendment comes into effect.

The bill will also allow the Family Court of Western Australia to hear family law and bankruptcy matters for de facto couples concurrently.