If you are married, despite common misconceptions, you do not have to wait until you divorce to commence property proceedings if you have finally separated from your significant other. Similarly, if you are in a de facto relationship and you separate, there is no minimum time you do not have to wait to sort matters out.
Case Summary – Jabour (2019) and the treatment of initial contributions in property settlement matters
It is not uncommon for disputes to arise between parties as to whether an advance made by a family member is a gift or a loan.
Separated couples in de facto relationships in Perth do not presently have their superannuation entitlements split in property settlements. A bill has now been introduced to remedy this.