De Facto Binding Financial Agreement (Applicant) - Western Australia - Pre-Relationship Agreement (s 205ZN) - Proximity to Cohabitation Risk

Can a pre-relationship agreement be set aside for pressure close to moving in?: The court's power turns on the grounds in s 205ZV(1), which include unconscionable conduct by a party in the making of the agreement, fraud including non-disclosure of a material matter, and the agreement being void, voidable or unenforceable. Allowing time for full disclosure, negotiation and independent advice well before the parties live together reduces those risks.

When does a pre-relationship agreement take effect after separation?: To the extent a binding agreement deals with how property and financial resources are to be dealt with if the relationship breaks down, it has no force or effect until a separation declaration is made, signed by at least one party, stating that the parties lived in a de facto relationship, have separated and are living separately and apart, and that there is no reasonable likelihood of cohabitation resuming (s 205ZPB).

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: Record the planned cohabitation date and allow time for each step. Exchange full financial disclosure and lock the schedules, then exchange drafts and keep a record of negotiations. Give the client independent legal advice on the effect of the agreement and its advantages and disadvantages, annex the statements and signed adviser certificates, and have both parties sign before they begin living together. Give the original to one party and a copy to the other and store the file securely.

Key Legislation: Family Court Act 1997 (WA) ss 205ZN, 205ZPB, 205ZS and 205ZV; Family Law Act 1975 (Cth) s 90YK.

* 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 - Pre-Relationship Agreement (s 205ZN) - Proximity to Cohabitation Risk 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.