In recent years, our society has been able to spend millions of dollars on deciding whether same sex couples should be able to marry. This involved debate amongst our society with both sides being funded. The reason for this debate, was to allow a sophisticated society to deliberate a question which is the essence of inclusion and justice.
Superannuation is the biggest asset of all couples if property is not owned. A disturbing feature of all of this, is that in Western Australia, both State and Federal Governments have refused, or have been unable to communicate effectively, to allow de facto couples to include Superannuation as property in respect to Family Law property proceedings.
This is the single most silent lie effected on an Australian Community.
West Australians have heard about the GST debacle; from both sides of the political fence, but everyone is silent when it comes to Superannuation, de facto couples and WA.
Every other Australian State and Territory has consented to the Commonwealth making laws in respect to de facto Family Law property proceedings. This means that Superannuation is included as part of all property proceedings if couples separate. It doesn’t matter whether you are married or not; unless you live in Western Australia.
Western Australia has decided to retain its power in relation to de facto relationships as it has a State Family Court. By exercising this power, WA is unable to rely on the Commonwealth legislation relating to Superannuation being treated as property.
Here lies the farce… Regardless of one’s political beliefs and despite who has been the WA Government in power, this destructive policy has been allowed to continue and it separates de facto couples under Western Australian law from the rest of the nation.
West Australians should be able to enjoy the same rights, justice and fairness when a relationship breaks down, as all other Australians. De facto couples in WA should be treated in the same way as de facto couples living in any other State or Territory in Australia.
We all must engage in raising the awareness of this debacle and let the public attitude to this situation bring effective change, rather than the glacial speed both State and Federal Governments seem to work at.
