Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when a de facto couple in Western Australia have already separated and now want to formalise their financial settlement as a Binding Financial Agreement under s 205ZP of the Family Court Act 1997 (WA) instead of litigating or seeking consent orders. The critical traps are: first, the 2-year limitation period under s 205ZB FCA 1997 (WA) means that if negotiations drag on past 2 years from separation and the BFA is not executed, the client loses their automatic right to file property proceedings; second, if the BFA is later set aside and the 2-year window has closed, the client may have no fallback property claim at all without a successful hardship leave application.
Jurisdiction: Family Court of Western Australia. Governed by s 205ZP of the Family Court Act 1997 (WA) for property and maintenance. Superannuation splitting operates under s 90YK FLA 1975 (Cth). A Separation Declaration must be executed under s 205ZPA FCA 1997 (WA) and s 90YU FLA 1975 (Cth) where superannuation splitting provisions are included. No court filing of the BFA itself is required.
The Process at a Glance: Confirm the precise date the de facto relationship ended. Immediately calculate the 2-year limitation expiry date (separation date plus 2 years) and deploy escalating PMS alerts. Advise the client in the Letter of Advice that if the BFA is set aside, they will need to commence property proceedings promptly or face a hardship leave application. Draft the BFA under s 205ZP FCA 1997 (WA) and execute the Separation Declaration under s 205ZPA alongside the deed.
Key Legislation and Case Law: Family Court Act 1997 (WA) - s 205ZP (post-separation agreement), s 205ZB(1) (2-year limitation period from separation), s 205ZPA (Separation Declaration), s 205ZS(1)(c) (binding requirements - Evans and Goodwin mandatory certificate wording), s 205ZV (grounds to set aside including fraud and non-disclosure). Family Law Act 1975 (Cth) - s 90YU (Separation Declaration for WA de facto super split), s 90YK (WA de facto superannuation agreement). Evans and Goodwin FCWA 259 - mandatory certificate wording for s 205ZS compliance. Hardship leave out of time: s 205ZB FCA 1997 (WA) - court grants leave only if hardship to a de facto partner or child is demonstrated.
* 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 - Post-Separation Agreement (s 205ZP) - Limitation Trap and Evans Goodwin Compliance matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
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