Family Law Act 1975
Sections and provisions with full text and the judgments that cite each one.
Section 90RB — Meaning of child of a de facto relationship
For the purposes of this Part, a child is a child of a de facto relationship if the child is the child of both of the parties to the de facto relationship. Note: To determine who is a child of a…
Section 90SB — When this Division applies—length of relationship etc.
A court may make an order under section 90SE, 90SG or 90SM, or a declaration under section 90SL, in relation to a de facto relationship only if the court is satisfied: (a) that the period, or the…
Section 90UB — Financial agreements before de facto relationship
(1) If: (a) people who are contemplating entering into a de facto relationship with each other make a written agreement with respect to any of the matters mentioned in subsection (2) in the event of…
Section 90VB — Court to stay property or maintenance proceedings affected by proceeds of crime orders etc.
(1) A court in which property settlement, or maintenance proceedings, are pending must stay those proceedings if notified under section 90VA in relation to the proceedings. (2) The court may, before…
Section 90XB — This Part overrides other laws, trust deeds etc.
(1) Subject to subsection (3), this Part has effect despite anything to the contrary in any of the following instruments (whether made before or after the commencement of this Part): (a) any other…
Section 90XZB — Trustee to provide information
(1) An eligible person may make an application to the trustee of an eligible superannuation plan for information about a superannuation interest of a member of the plan. (2) The application must be…
Section 90YB — Application of this Part
(1) This Part applies if: (a) the Parliament of Western Australia has referred to the Parliament of the Commonwealth superannuation matters relating to de facto partners arising out of the breakdown…
Section 90YZB — Geographical requirement
Before making an order under section 90YX, a court must be satisfied: (a) that one or both of the parties to the application were resident in Western Australia on the day on which the application was…
Section 90AC — This Part overrides other laws, trust deeds etc.
(1) This Part has effect despite anything to the contrary in any of the following (whether made before or after the commencement of this Part): (a) any other law (whether written or unwritten) of the…
Section 90C — Financial agreements during marriage
(1) If: (a) the parties to a marriage make a written agreement with respect to any of the matters mentioned in subsection (2); and (aa) at the time of the making of the agreement, the parties to the…
Section 90RC — Relationship with State and Territory laws
De facto financial provisions (1) In this section: de facto financial provisions means the following provisions: (a) this Part; (b) Part VIIIAA (as applied by section 90TA); (c) Part VIIIB, to the…
Section 90SC — This Division ceases to apply in relation to a de facto relationship if the parties marry each other
(1) This Division (other than subsections 90SJ(2) to (5)) ceases to apply in relation to a de facto relationship if the parties to the de facto relationship later marry each other. (2) Despite…
Section 90UC — Financial agreements during de facto relationship
(1) If: (a) while in a de facto relationship, the parties to the de facto relationship make a written agreement about any of the matters mentioned in subsection (2) in the event of the breakdown of…
Section 90VC — Lifting a stay
(1) A court that stayed the de facto property settlement or maintenance proceedings under section 90VB must wholly or partially lift the stay if: (a) either party to the proceedings makes an…
Section 90XC — Extended meanings of matrimonial cause and de facto financial cause
(1) A superannuation interest is to be treated as property for the purposes of paragraph (ca) of the definition of matrimonial cause in section 4. (2) A superannuation interest is to be treated as…
Section 90XZC — Death of non-member spouse
If the non-member spouse dies after the operative time for a payment split: (a) the payment split nevertheless continues to operate; and (b) the payment split then operates in favour of the legal…
Section 90YC — This Part overrides other laws, trust deeds etc.
(1) Subject to subsection (3), this Part has effect despite anything to the contrary in any of the following instruments (whether made before or after the commencement of this Part): (a) any other…
Section 90YZC — Length of relationship etc.
(1) A court may make an order under section 90YX in relation to a de facto relationship only if satisfied: (a) that there has been a de facto relationship between the parties to the de facto…
Section 90AD — Extended meaning of matrimonial cause and property
(1) For the purposes of this Part, a debt owed by a party to a marriage is to be treated as property for the purposes of paragraph (ca) of the definition of matrimonial cause in section 4. (2) For…
Section 90D — Financial agreements after divorce order is made
(1) If: (a) after a divorce order is made in relation to a marriage (whether it has taken effect or not), the parties to the former marriage make a written agreement with respect to any of the…
Section 90RD — Declarations about existence of de facto relationships
(1) If: (a) an application is made for an order under section 90SE, 90SG or 90SM, or a declaration under section 90SL; and (b) a claim is made, in support of the application, that a de facto…
Section 90SD — Geographical requirement
(1) A court may make an order under section 90SE or 90SG in relation to a de facto relationship only if the court is satisfied: (a) that either or both of the parties to the de facto relationship…
Section 90UD — Financial agreements after breakdown of a de facto relationship
(1) If: (a) after the breakdown of a de facto relationship, the parties to the former de facto relationship make a written agreement with respect to any of the matters mentioned in subsection (2);…
Section 90VD — Intervention by proceeds of crime authority
(1) The proceeds of crime authority may intervene in any de facto property settlement or maintenance proceedings in relation to which a court is notified under section 90VA, or in any proceedings…
Section 90XD — Definitions
In this Part, unless the contrary intention appears: approved deposit fund has the same meaning as in the SIS Act. declaration time, in relation to a separation declaration, means the time when the…
Section 90XZD — Orders binding on trustee
(1) An order under this Part in relation to a superannuation interest may be expressed to bind the person who is the trustee of the eligible superannuation plan at the time when the order takes…
Section 90YD — Definitions
In this Part: approved deposit fund has the same meaning as in the SIS Act. declaration time, in relation to a separation declaration, means the time when the declaration was signed by a party to the…
Section 90YZD — Other rules relating to proceedings under section 90YX
(1) If a party to a de facto relationship dies after the breakdown of the de facto relationship, an order made under section 90YX in relation to the de facto relationship may be enforced on behalf…
Section 90AE — Court may make an order under section 79 binding a third party
(1) In proceedings under section 79, the court may make any of the following orders: (a) an order directed to a creditor of the parties to the marriage to substitute one party for both parties in…
Section 90E — Requirements with respect to provisions in financial agreements relating to the maintenance of a party or a child or children
A provision of a 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, or the child or…
Section 90RE — Effect of declarations
(1) A section 90RD declaration has effect as a judgment of the court. (2) For the purposes of this Act (other than Part VII), a section 90RD declaration has effect according to its terms.
Section 90SE — Power of court in maintenance proceedings
(1) After the breakdown of a de facto relationship, a court may make such order as it considers proper for the maintenance of one of the parties to the de facto relationship in accordance with this…
Section 90UE — Agreements made in non-referring States that become Part VIIIAB financial agreements
How State agreements can become Part VIIIAB financial agreements (1) This section applies if: (a) 2 people (the couple) have made a written agreement, signed by both of them, with respect to any of…
Section 90XE — Splittable payments
(1) Each of the following payments in respect of a superannuation interest of a spouse is a splittable payment: (a) a payment to the spouse; (b) a payment to another person for the benefit of the…
Section 90XZE — Protection for trustee
The trustee of an eligible superannuation plan is not liable for loss or damage suffered by any person because of things done (or not done) by the trustee in good faith in reliance on: (a) any…
Section 90YE — Meaning of child of a de facto relationship
For the purposes of this Part, a child is a child of a de facto relationship if the child is the child of both of the parties to the de facto relationship. Note: To determine who is a child of a…
Section 90YZE — Varying and setting aside orders under section 90YX
(1) If, on application by a person affected by an order made by the Family Court of Western Australia or the Magistrates Court of Western Australia under section 90YX, the court is satisfied that:…
Section 90AF — Court may make an order or injunction under section 114 binding a third party
(1) In proceedings under section 114, the court may: (a) make an order restraining a person from repossessing property of a party to a marriage; or (b) grant an injunction restraining a person from…
Section 90F — Certain provisions in agreements
(1) No provision of a financial agreement excludes or limits the power of a court to make an order in relation to the maintenance of a party to a marriage if subsection (1A) applies. (1A) This…
Section 90RF — Applying for declarations
Any party to the primary proceedings may apply for a section 90RD declaration.
Section 90SF — Matters to be taken into consideration in relation to maintenance
(1) In exercising jurisdiction under section 90SE (after being satisfied of the matters in subsections 44(5) and (6) and sections 90SB and 90SD), the court must apply the principle that a party to a…
Section 90UF — Need for separation declaration for certain provisions of financial agreement to take effect
(1) A Part VIIIAB financial agreement that is binding on the parties to the agreement, to the extent to which it deals with how, in the event of the breakdown of the de facto relationship, all or any…
Section 90XF — 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 90XZF — Service of documents on trustee
(1) If a document is required or permitted to be served for the purposes of this Part on the trustee of an eligible superannuation plan, the document may be served in any of the ways in which a…
Section 90YF — Extended meaning of trustee
If a person who is not the trustee of an eligible superannuation plan nevertheless has the power to make payments to members of the plan, then references in this Part to the trustee of the plan…
Section 90YZF — Notifying third parties about application
The Western Australian Rules of Court may specify the circumstances in which a person who: (a) applies for an order under this Division; or (b) is a party to a proceeding for an order under this…
Section 90AG — Orders and injunctions binding on trustees
If an order or injunction binds a person in the capacity of trustee in relation to property, then the order or injunction is also binding (by force of this section) on any person who subsequently…
Section 90G — When financial agreements are binding
(1) Subject to subsection (1A), a financial agreement is binding on the parties to the agreement if, and only if: (a) the agreement is signed by all parties; and (b) before signing the agreement,…
Section 90RG — Geographical requirement
A court may make a section 90RD declaration only if the court is satisfied that a person referred to in paragraph 90RD(1)(b), or both of those persons, were ordinarily resident in a participating…
Section 90SG — Urgent maintenance cases
If, in proceedings with respect to the maintenance of a party to a de facto relationship in accordance with this Division, it appears to the court that: (a) the party is in immediate need of…