Length of relationship etc
90YZC Length of relationship etc
A court may make an order under section 90YX in relation to a de facto relationship only if satisfied:
that there has been a de facto relationship between the parties to the de facto relationship for at least 2 years; or
that there is a child (within the meaning of the Family Court Act 1997 (WA)) of the de facto relationship and failure to make the order would result in serious injustice to the partner caring or responsible for the child; or
that the party to the de facto relationship who applies for the order made substantial contributions of a kind mentioned in paragraph 205ZG(4)(a), (b) or (c) of the Family Court Act 1997 (WA) and failure to make the order would result in serious injustice to that party.
In deciding whether there has been a de facto relationship between the parties to the de facto relationship for at least 2 years, the court must consider whether there was any break in the continuity of the relationship and, if so, the length of the break and the extent of the breakdown in the relationship.
Subsection (2) does not limit the matters the court may consider.
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