Bill
Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Bill 2020
passed, as at 2020-12-08. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2019-11-27
- second reading — 2019-11-27
- second reading — 2020-11-09
- second reading — 2020-11-09
- committee — 2020-11-09
- third reading — 2020-11-09
- introduced — 2020-11-11
- second reading — 2020-11-11
- second reading — 2020-12-03
- second reading — 2020-12-03
- third reading — 2020-12-03
- passed — 2020-12-03
- royal assent — 2020-12-08
Divisions
No divisions recorded. Most questions are decided on the voices; this does not establish that a bill was unopposed.
Plain-language summary
Written by a model from the Bills Digest; not the record, as at 2019-11-27.
This bill would let separating de facto couples in Western Australia divide their superannuation, either by mutual agreement or through a court order.
It introduces a new part to the Family Law Act that applies only to Western Australia, with rules similar to those already in place for other states and territories.
The bill also covers payment flags, which stop a super fund from paying out while negotiations continue, and allows these flags to be lifted under certain conditions.
- Creates a new part in the Family Law Act for Western Australian de facto couples to split superannuation.
- Allows superannuation to be divided by consent or court order.
- Sets out rules for payment flags and their lifting, including requirements for independent legal advice.
- Makes the new provisions override other laws and trust deeds.
Separating de facto couples in Western Australia, their superannuation funds, and the courts that handle family law in that state.
Sources
em
em supp
em revised
digest
billhome
frl act