Family Law Act 1975
Sections and provisions with full text and the judgments that cite each one.
Section 90UG — Whether or when certain other provisions of financial agreements take effect
A Part VIIIAB financial agreement that is binding on the parties to the agreement, to the extent to which it provides for matters covered by subsection 90UB(3) or 90UC(3) or paragraph 90UE(2)(b), is…
Section 90XG — Meaning of in force
(1) A financial agreement is in force at any time when it is binding on the parties in accordance with section 90G. (1A) A Part VIIIAB financial agreement is in force at any time when it is binding…
Section 90XZG — False declarations
(1) A person commits an offence if: (a) the person makes a statement in a declaration, knowing that the statement is false or misleading; and (b) the declaration is served on the trustee of an…
Section 90YG — Splittable payments
(1) Each of the following payments in respect of a superannuation interest of a party to a de facto relationship is a splittable payment: (a) a payment to the party; (b) a payment to another person…
Section 90YZG — Notifying bankruptcy trustee etc. about application under section 90YX or 90YZE
(1) The Western Australian Rules of Court may make provision for a bankrupt who becomes a party to a proceeding for an application under section 90YX or 90YZE to give notice of the application to the…
Section 90AH — Protection for a third party
A third party in relation to a marriage is not liable for loss or damage suffered by any person because of things done (or not done) by the third party in good faith in reliance on an order or…
Section 90H — Effect of death of party to financial agreement
A financial agreement that is binding on the parties to the agreement continues to operate despite the death of a party to the agreement and operates in favour of, and is binding on, the legal…
Section 90RH — Setting aside declarations
(1) If, in the primary proceedings, a person (the affected person) affected by a section 90RD declaration made in those proceedings applies under this subsection, and the court is satisfied that: (a)…
Section 90SH — Specification in orders of payments etc. for maintenance purposes
(1) If: (a) a court makes an order under this Act (whether or not the order is made in proceedings in relation to the maintenance of a party to a de facto relationship in accordance with this…
Section 90UH — Requirements with respect to provisions in financial agreements relating to the maintenance of a party or a child or children
(1) A provision of a Part VIIIAB financial agreement that relates to the maintenance of a spouse party to the agreement or a child or children is void unless the provision specifies: (a) the party,…
Section 90XH — Superannuation agreement to be included in financial agreement if about a marriage
(1) A financial agreement under Part VIIIA may include an agreement that deals with superannuation interests of either or both of the spouse parties to the agreement as if those interests were…
Section 90XZH — Terminating employment because of payment flag etc.
A person must not terminate the employment of an employee on either of the following grounds: (a) a payment flag is operating in respect of a superannuation interest of the employee; (b) a…
Section 90YH — Reversionary interest
For the purposes of this Part, a person’s interest in an eligible superannuation plan is a reversionary interest at any time while the person’s entitlement to benefits in respect of the interest is…
Section 90YZH — Notifying court about bankruptcy etc.
Bankruptcy (1) The Western Australian Rules of Court may make provision for a person who: (a) is a party to a de facto relationship that has broken down; and (b) is a party to a proceeding for an…
Section 90AI — Service of documents on a third party
(1) If a document is required or permitted to be served for the purposes of this Part on a third party in relation to a marriage, the document may be served in any of the ways in which a document may…
Section 90RI — Duty of disclosure
Duty of disclosure in proceedings (1) Each party to a proceeding relating to financial or property matters of a de facto relationship (other than proceedings on appeal) has a duty to the court and to…
Section 90SI — Modification of maintenance orders
(1) If there is in force an order with respect to the maintenance of a party to a de facto relationship in accordance with this Division: (a) made by the court; or (b) made by another court and…
Section 90UI — Certain provisions in financial agreements
(1) No provision of a Part VIIIAB financial agreement excludes or limits the power of a court to make an order under Division 2 in relation to the maintenance of a party to the agreement if…
Section 90XI — Operative time for payment split
(1) The operative time for a payment split under a superannuation agreement or flag lifting agreement is the beginning of the fourth business day after the day on which a copy of the agreement is…
Section 90YI — Meaning of in force
(1) Subject to subsection 90YS(7), a superannuation agreement is in force at any time when the relevant Western Australian financial agreement is binding on the parties to the Western Australian…
Section 90YZI — Notifying non-bankrupt de facto party about application under section 139A of the Bankruptcy Act 1966
The Western Australian Rules of Court may make provision for a person who: (a) is the bankruptcy trustee of a bankrupt party to a de facto relationship; and (b) applies under section 139A of the…
Section 90AJ — Expenses of third party
(1) Subsection (2) applies if: (a) the court has made an order or granted an injunction in accordance with this Part in relation to a marriage; and (b) a third party in relation to the marriage has…
Section 90J — Termination of financial agreement
(1) The parties to a financial agreement may terminate the agreement only by: (a) including a provision to that effect in another financial agreement as mentioned in subsection 90B(4), 90C(4) or…
Section 90SJ — Cessation of maintenance orders
(1) An order with respect to the maintenance of a party to a de facto relationship in accordance with this Division ceases to have effect upon: (a) the death of the party; or (b) the death of the…
Section 90UJ — When financial agreements are binding
(1) Subject to subsection (1A), a Part VIIIAB financial agreement (other than an agreement covered by section 90UE) is binding on the parties to the agreement if, and only if: (a) the agreement is…
Section 90XJ — Payment split under superannuation agreement or flag lifting agreement
(1) This section applies to a superannuation interest if: (a) the interest is identified in a superannuation agreement or flag lifting agreement; and (b) if the interest is a percentage-only…
Section 90XZJ — Requests for Commissioner of Taxation to provide superannuation information
Application for superannuation information (1) A person who is a party to property settlement proceedings: (a) in the Federal Circuit and Family Court of Australia in relation to the person’s…
Section 90YJ — Rules of Court
(1) The power of the judges (within the meaning of the Family Court Act 1997 (WA)), or a majority of them, to make rules regulating the practice and procedure of the Family Court of Western Australia…
Section 90YZJ — Duty of court to end financial relations
In proceedings under this Division, the court must, as far as practicable, make such orders as will finally determine the distribution of superannuation benefits or prospective superannuation…
Section 90AK — Acquisition of property
(1) The court must not make an order or grant an injunction in accordance with this Part if the order or injunction would: (a) result in the acquisition of property from a person otherwise than on…
Section 90K — Circumstances in which court may set aside a financial agreement or termination agreement
(1) A court may make an order setting aside a financial agreement or a termination agreement if, and only if, the court is satisfied that: (a) the agreement was obtained by fraud (including…
Section 90SK — Geographical requirement
(1) A court may make a declaration under section 90SL, or an order under section 90SM, in relation to a de facto relationship only if the court is satisfied: (a) that either or both of parties to the…
Section 90UK — Effect of death of party to financial agreement
A Part VIIIAB financial agreement that is binding on the parties to the agreement continues to operate despite the death of a party to the agreement and operates in favour of, and is binding on, the…
Section 90XK — Operative time for payment flag
(1) The operative time for a payment flag under a superannuation agreement is: (a) the service time, if the eligible superannuation plan is a self-managed superannuation fund; or (b) otherwise, the…
Section 90YK — Superannuation agreement to be included in Western Australian financial agreement if about a de facto relationship
(1) This section applies if a Western Australian financial agreement includes an agreement that deals with superannuation interests of either or both of the parties to the Western Australian…
Section 90YZK — Orders and injunctions binding third parties
(1) In addition to the effect Part VIIIAA has apart from this section, that Part also has effect in relation to: (a) orders under this Division; and (b) proceedings for orders under this Division;…
Section 90L — Financial and other agreements etc. not liable to duty
None of the following is subject to any duty or charge under any law of a State or Territory or any law of the Commonwealth that applies only in relation to a Territory: (a) a financial agreement;…
Section 90SL — Declaration of interests in property
(1) In proceedings between the parties to a de facto relationship: (a) after the breakdown of the de facto relationship; and (b) with respect to existing title or rights in respect of property; the…
Section 90UL — Termination of financial agreement
(1) The parties to a Part VIIIAB financial agreement may terminate the agreement for the purposes of this Act only by: (a) including a provision to that effect in another Part VIIIAB financial…
Section 90XL — Payment flag
(1) This section applies to a superannuation interest if: (a) the interest is identified in a superannuation agreement; and (b) the agreement provides that the interest is to be subject to a payment…
Section 90YL — Part VIIIB superannuation agreements that become superannuation agreements for the purposes of this Part
(1) Subsection (2) applies if: (a) 2 people (the couple) have made a superannuation agreement within the meaning of Part VIIIB (the Part VIIIB superannuation agreement) that is included in a Part…
Section 90YZL — Court may cancel payment split
(1) The Family Court of Western Australia or the Magistrates Court of Western Australia may, under section 90YX, make an order terminating the operation of a payment split if: (a) the superannuation…
Section 90M — Notification of proceeds of crime orders etc.
(1) If: (a) a person makes an application for an order, under this Part, with respect to: (i) the property of the parties to a marriage or either of them; or (ii) the maintenance of a party to a…
Section 90SM — Alteration of property interests
Orders in property settlement proceedings (1) In property settlement proceedings after the breakdown of a de facto relationship, the court may, subject to subsection (6), make such order as it…
Section 90UM — Circumstances in which court may set aside a financial agreement or termination agreement
(1) A court may make an order setting aside, for the purposes of this Act, a Part VIIIAB financial agreement or a Part VIIIAB termination agreement if, and only if, the court is satisfied that: (a)…
Section 90XM — Payment flag may be terminated by court
(1) If a court makes an order under section 90K setting aside a financial agreement in respect of which a payment flag is operating, the court may also make an order terminating the operation of the…
Section 90YM — Operative time for payment split
(1) The operative time for a payment split under a superannuation agreement or flag lifting agreement is the beginning of the fourth business day after the day on which a copy of the agreement is…
Section 90YZM — Deductions from splittable payment before calculating payment split
Any deduction that the trustee is entitled to make from a splittable payment is to be deducted from the splittable payment before calculating any payment split and before applying section 90YZN.
Section 90N — Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc.
(1) A court in which property settlement or spousal maintenance proceedings are pending must stay those proceedings if notified under section 90M in relation to the proceedings. (1A) The court may,…
Section 90SN — Varying and setting aside orders altering property interests
(1) If, on application by a person affected by an order made by a court under section 90SM in property settlement proceedings, the court is satisfied that: (a) there has been a miscarriage of justice…