Legal Project Management Plan & Checklist
Step-by-step workflow for WA de facto binding financial agreements under ss 205ZN to 205ZS of the Family Court Act 1997, from disclosure to signing.
When is a WA de facto financial agreement binding?: Only if both parties sign it; it contains for each party a statement, certified in an annexure, that before signing the party received independent legal advice from a legal practitioner on the effect of the agreement on their rights and its advantages and disadvantages to them at that time; the annexure contains a certificate signed by the adviser; it has not been terminated or set aside; and after signing the original is given to one party and a copy to the other (s 205ZS(1) Family Court Act 1997 (WA)).
Can a de facto couple in WA make a financial agreement before, during or after the relationship?: Yes. People contemplating a de facto relationship can agree under s 205ZN, partners during the relationship under s 205ZO, and former partners after it ends under s 205ZP, each by a written agreement about property, financial resources and maintenance that is expressed to be made under that section, with no other agreement on those matters in force. An agreement may deal with superannuation interests as if they were property (s 205ZPA), but that part has effect only under Part VIIIC of the Family Law Act 1975 (Cth) (FLA s 90YK(3)).
WA de facto financial agreement made during the relationship under s 205ZO of the Family Court Act 1997: status checks, disclosure, advice, signing.
WA pre-relationship financial agreement under s 205ZN of the Family Court Act 1997: disclosure, independent advice and signing before cohabitation.
WA post-separation de facto financial agreement under s 205ZP of the Family Court Act 1997, with limitation and s 205ZS signing checks.
Can a WA de facto binding financial agreement be set aside?: Only on the grounds in s 205ZV(1), which include fraud (including non-disclosure of a material matter), defeating creditors, the agreement being void, voidable or unenforceable, impracticability, a material change relating to a child causing hardship, unconscionable conduct in its making, and an unremovable superannuation payment flag. If an agreement is set aside or found invalid, a property or maintenance application may be made within 12 months after that (s 205ZB(1)(a)(ii)).
Jurisdiction: Family Court of Western Australia, under Part 5A of the Family Court Act 1997 (WA) for property and maintenance agreements between de facto partners, with superannuation provisions operating under Part VIIIC of the Family Law Act 1975 (Cth), under which the Family Court of Western Australia and the Magistrates Court of Western Australia may enforce payment splits (FLA s 90YW).
The Process at a Glance: Confirm whether the relationship has started, is continuing or has ended, because that decides whether the agreement is made under s 205ZN, s 205ZO or s 205ZP, and an ended relationship starts the 2-year standard application period in s 205ZB. Exchange full financial disclosure and value property and superannuation. Draft the agreement expressed to be made under the correct section. Give each party independent legal advice on its effect and its advantages and disadvantages, annex the statements and signed adviser certificates, and have both parties sign. Give the original to one party and a copy to the other. Attend to any separation declaration (s 205ZPB) and service of superannuation provisions on the fund trustee under Part VIIIC, then store the original safely.
Key Legislation and Case Law: Family Court Act 1997 (WA) ss 205ZB, 205ZN, 205ZO, 205ZP, 205ZPA, 205ZPB, 205ZQ, 205ZR, 205ZS and 205ZV; Family Law Act 1975 (Cth) Part VIIIC, including ss 90YK, 90YN, 90YU and 90YW.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the De Facto Binding Financial Agreement (Applicant) - Western Australia matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Transactional Drafting process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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