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Articles > Divorce Articles > Western Australia - de facto - Relationship Recognition
Western Australia - de facto - Relationship Recognition
Relationship Recognition
Article by Equality Rules, WA
There are many Federal laws that refer to different types of relationships. Acts often have their own definitions of ‘spouse’, ‘de facto spouse’, ‘next of kin’, or ‘dependant’. State law generally has a single ‘de facto partner’ or ‘de facto relationship’ definition.
These definitions are used to determine rights and responsibilities in areas like Centrelink benefits, superannuation, inheritances, and so on.
Western Australian State Laws – “De Facto Partners”
For the purposes of Western Australian laws – such as the Family Court Act (WA), the Inheritance Act and the Equal Opportunity Act - the legal terms used to recognise couples in relationships are “de facto partner” and “de facto relationship”. These terms are defined by the Interpretation Act (WA) 1984. Wherever a written law of the State Government refers to a de facto relationship, it means a relationship (other than a legal marriage) between 2 people who live together in a marriage-like relationship. Where a written law refers to a “de facto partner” it means a person who lives or has lived in a de facto relationship with the other person.
The definition applies to all couples. It makes no difference what sex or gender the people are. This includes gay, lesbian, transgender and intersex people. The definition still applies if one or both of the people is married to someone else, or in another de facto relationship.
What is a marriage-like relationship?
In deciding whether a de facto relationship exists, the law sets out a number of factors –
- the length of the relationship;
- whether the people have resided together;
- the nature and extent of common residence;
- whether there is, or has been, a sexual relationship between them;
- the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
- the ownership, use and acquisition of their property (including property they own individually);
- the degree of mutual commitment by them to a shared life;
- whether they care for and support children;
- the reputation, and public aspects, of the relationship between them.
Whether or not a particular relationship is a “de facto relationship” will be judged on the particular circumstances of that relationship. In 2003, a review of Western Australian laws gave people in de facto relationships an equal standing with married people in most cases.
The rights and responsibilities you may have as a de facto partner are defined under the various pieces of State legislation – for example, a de facto partner may be able to challenge a will, or object to a post mortem as senior next of kin.
Family law and Relationship Break Ups
A mix of WA State law and federal law covers what happens when a relationship ends and if you cannot agree. This covers the care of children and the split of property and assets. You should always get legal advice if you have separated - or are thinking about separating - from your de facto partner. You may`have certain rights and obligations around the future care of children or property and assets.
Next of kin
Although next of kin is sometimes defined in legislation, it is a common law term that has traditionally meant the closest relative by blood or marriage. The recent law reforms included changes to ‘senior next of kin’ and ‘senior available next of kin' under ;
- the Coroners Act 1996 (WA) – which governs objections to post mortems
- the Cremation Act – which covers objections to cremation; and
- the Human Tissue and Transplant Act 1982 (WA) – which governs consent to organ donation after death.
De facto partners of any sex are included in the definitions of next of kin in each Act. If a person has a spouse and a de facto partner, priority is usually given to the person with whom the deceased was living. A de facto partner will generally have priority over other family members.
Commonwealth Laws
Different laws of the Commonwealth Government – such as the laws applying to Centrelink entitlements, taxation, most Superannuation legislation and immigration laws – have different definitions that apply to relationships.
Some laws refer to a “spouse” as being a legally married (heterosexual) spouse. If there is no definition in legislation, then the law assumes a “spouse” to be a legally married spouse. Same-sex couples cannot be legally married under the Marriage Act 1961 (Cth).
Source; Equality Rules Western Australia
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