Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when de facto partners who are currently living together in Western Australia want to put a financial agreement in place during their relationship - whether to protect a new inheritance or business acquisition, define entitlements going forward, or formalise financial arrangements without triggering a separation. The critical risk with agreements made during an existing de facto relationship under s 205ZO of the Family Court Act 1997 (WA) is that if the de facto relationship has actually broken down before the agreement is signed, the statutory basis shifts from s 205ZO to s 205ZP. Executing an agreement under the wrong section voids it entirely. This fork adds a task to confirm and monitor the ongoing status of the de facto relationship throughout the drafting process.
Jurisdiction: Family Court of Western Australia. Governed by s 205ZO of the Family Court Act 1997 (WA). Superannuation splitting clauses operate under s 90YK FLA 1975 (Cth). No court filing required.
The Process at a Glance: Confirm at intake that the parties are still cohabiting in a de facto relationship as defined by s 13A of the Interpretation Act 1984 (WA). Confirm that no separation has occurred - if it has, redirect to the s 205ZP post-separation fork. Set a PMS status monitor to check relationship status before each drafting session and before arranging execution. If the relationship breaks down during drafting, halt execution immediately, notify the client, and re-draft the agreement under s 205ZP.
Key Legislation and Case Law: Family Court Act 1997 (WA) - s 205ZO (during relationship agreement), s 205ZS(1)(c) (binding requirements - Evans and Goodwin certificate wording), s 205ZV (set-aside grounds). Section 13A Interpretation Act 1984 (WA) - definition of de facto relationship. Evans and Goodwin FCWA 259 - mandatory certificate wording. If the de facto relationship ends during drafting, the agreement must be re-executed under s 205ZP, which also triggers the 2-year limitation period clock under s 205ZB FCA 1997 (WA).
* 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.
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