Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when a couple who intend to commence a de facto relationship in Western Australia - but have not yet moved in together - want a financial agreement in place before they start living together. These agreements under s 205ZN of the Family Court Act 1997 (WA) are the WA equivalent of a prenup for de facto couples. They carry the highest risk of being set aside if signed in close proximity to the planned cohabitation date. If the agreement is executed within 21 days of the planned move-in date, a strong presumption of duress or undue influence arises under s 205ZV(1)(b) FCA 1997 (WA). This fork adds the 21-day risk triage protocol, a mandatory risk assessment questionnaire, and enhanced ILA requirements specific to the pre-relationship context.
Jurisdiction: Family Court of Western Australia. Governed by s 205ZN of the Family Court Act 1997 (WA). Superannuation splitting clauses (if any) operate under s 90YK FLA 1975 (Cth). No court filing required.
The Process at a Glance: On day one, calculate the number of days between today and the planned cohabitation date. If fewer than 21 days remain, immediately activate the Duress High Risk Flag and escalate to the firm's Legal Director for secondary review before any work continues. If more than 21 days remain, record the cohabitation date and set a PMS alert at 21 days before the event as a hard warning. Serve the first draft on the other party's solicitor as early as possible and establish a Track Changes negotiation audit trail. Ensure no correspondence ever frames the agreement as a condition of the relationship. Deliver ILA that specifically addresses future change of circumstances and the effect of not signing. Execute well before the planned cohabitation date.
Key Legislation and Case Law: Family Court Act 1997 (WA) - s 205ZN (pre-relationship agreement), s 205ZS(1)(c) (binding requirements - ILA certificate with Evans and Goodwin mandatory wording), s 205ZV(1)(b) (set-aside for unconscionable conduct or duress). Evans and Goodwin FCWA 259 - mandatory certificate wording. The 21-day proximity threshold is a risk management standard derived from judicial commentary on duress and undue influence in pre-relationship and pre-nuptial agreement cases. Any correspondence framing the agreement as a "take it or leave it" condition of the de facto relationship materially strengthens any future challenge.
* 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.
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