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What will the Court consider?

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The Court’s power to make consent orders is discretionary. You must satisfy the Court that the agreement you and your former partner propose is fair and equitable.

If you are seeking parenting orders, you must satisfy the Court that adequate arrangements are in place for the care and support of the children.

If you were a de facto couple, you must also satisfy the Family Court that:

  • one of the parties is residing in Western Australia and did so for at least one third of the relationship; and
  • the relationship was of at least two years duration; or
  • you have made significant contributions to the relationship and failure to make the orders would result in serious injustice; or
  • you have a child of the relationship under age 18 years old and failure to make the orders would result in serious injustice to the party caring for the child.

 

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