Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 (112 of 2020)

Schedule 4   Application and transitional provisions

Part 2   Amendment of the Family Law Act 1975

3   Payment splitting or flagging by court order

(1) Subject to subitems (2) to (5), section 90YX of the new Family Law Act applies in relation to all de facto relationships, including those that ended before the commencement of that section (the startup time ).

Previous orders

(2) Subject to subitem (3), section 90YX of the new Family Law Act does not apply in relation to a de facto relationship if an order (the previous order ), other than an interim order,under section 90SM of theFamily Law Act 1975 or section 205ZG of theFamily Court Act 1997 (WA) was in force in relation to the relationship at the startup time.

(3) If the previous order is set aside after the startup time under section 90SN of theFamily Law Act 1975 or section 205ZH of theFamily Court Act 1997(WA), section 90YX of the new Family Law Act applies in relation to the de facto relationship after the order is set aside.

Previous financial agreements

(4) Subject to subitem (5), section 90YX of the new Family Law Act does not apply in relation to a de facto relationship if a financial agreement (the previous agreement ) within the meaning of Part 5A of theFamily Court Act 1997 (WA) was in force in relation to the relationship at the startup time.

(5) If the previous agreement is terminated or set aside after the startup time under section 205ZU or 205ZV of theFamily Court Act 1997 (WA), section 90YX of the new Family Law Act applies in relation to the de facto relationship after the agreement is terminated or set aside.