If you fall within the requirements that define a de facto relationship as stated below, then it may be necessary for you to consider the necessity to address property settlement related matters.
For property related matters, there is a two year Application Period from the date of separation, beyond which you must seek leave of the Court to commence proceedings if matters cannot be agreed by consent. Specific circumstances and/or hardship must be established to be successful in being granted leave.
The process for dividing property between de facto parties is very similar to the process applied to married parties (see Property Settlement).
On 3 December 2020, the Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 was passed, providing the ability for superannuation entitlements to be transferred between separated de facto couples for the purpose of property settlement.
This legislation awaits commencement by Proclamation, which we anticipate to be in the short term.
For parenting matters, de facto legislation also applies the same principle (i.e., best interests of the child), and primary and additional considerations when making parenting orders (See Parenting Matters).