De facto relationship information

If you are applying for property or maintenance orders after the breakdown of a de facto relationship, you must provide evidence of the relationship. The Court can only make orders if the relationship meets certain requirements.

To prove the de facto relationship meets the legislative requirements, you need to file an affidavit dealing with the following matters when you make your application:

• residence
• length of relationship
• connection to Western Australia

Residence

The affidavit must establish that at least one of the parties is residing in Western Australia on the day the application is made.

Length of relationship

You need to establish one of these three situations:

• that you lived in a de facto relationship with the other party for at least two years, or
• that you lived in a de facto relationship for less than 2 years but:
  • there is a child of the relationship under the age of 18 years and failure to make orders would result in serious injustice to the party who is caring or responsible for the child; or
  • the partner applying for the order has made substantial financial, non-financial or homemaker/parent contributions and failing to make orders would result in serious injustice.

Connection to Western Australia

The affidavit must also establish at least one of the following 2 things:

• that both you and the other party resided in Western Australia for at least one third of the period of your de facto relationship; or
• that substantial financial, non-financial or homemaker/parent contributions have been made by you or the other party while residing in Western Australia.

If either party has a spouse

The affidavit must also advise whether you or the other party has a spouse. If either party has a spouse the affidavit should indicate that a copy of your application will be served on that spouse.

Last updated: 16-Apr-2018

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