Western Australian de facto couples are presently the only group of people in Australia who are unable to split their superannuation entitlements following the breakdown of their relationship. As a result, for WA de facto partners, superannuation is not included in the asset pool available for division. In cases where one party has a large superannuation balance and there is little in the way of non-superannuation assets, this can create a serious injustice to the other party.
This week, State Attorney-General John Quigley and Federal Attorney-General Christian Porter both publicly announced their support for amending the legislation which prevents the ability to split superannuation in de facto matters here in the West. As a result, parties in the process of property settlements should have the advice they have been provided updated given that if the law changes as proposed, asset pools could change markedly in those cases.
Carr & Co looks forward to reporting that the Western Australian and Federal Governments have rectified this extraordinary injustice in the coming months. Watch this space!