De Facto Binding Financial Agreement (Applicant) - Western Australia - During Relationship Agreement (s 205ZO) - Relationship Status Monitoring

What if the relationship ends before the agreement is signed?: An agreement made after a de facto relationship has ended is made under s 205ZP and must be expressed to be made under that section (s 205ZP(1)). The end of the relationship also starts the 2-year standard application period for property and maintenance applications (s 205ZB(1)(a)(i)), so confirm the relationship status again immediately before signing.

When is the agreement binding?: When both parties sign it, each party's statement of independent legal advice on its effect and its advantages and disadvantages is certified in an annexure with the adviser's signed certificate, 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)).

Jurisdiction: Family Court of Western Australia, under Part 5A of the Family Court Act 1997 (WA). The agreement is binding if it meets s 205ZS without being filed in court.

The Process at a Glance: Confirm the parties are living in a de facto relationship and monitor that status until signing. Exchange full financial disclosure, assess the fairness of the proposed terms, and draft the agreement expressed to be made under s 205ZO. Arrange independent legal advice for each party, annex the statements and certificates, and have both parties sign. Give the original to one party and a copy to the other, and diarise a review.

Key Legislation: Family Court Act 1997 (WA) ss 205ZB, 205ZO, 205ZP, 205ZPB, 205ZS and 205ZV.

* 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 - During Relationship Agreement (s 205ZO) - Relationship Status Monitoring 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.