De Facto Property Settlement (Applicant) - Western Australia

Need 2 years de facto for WA claim?: A claim can proceed if any one jurisdictional gateway in s 205Z(1) of the Family Court Act 1997 (WA) is met: the relationship lasted at least 2 years, or there is a child of the relationship under 18 and failure to make an order would cause serious injustice to the carer, or the applicant made substantial contributions and failure to make an order would result in serious injustice. The 2-year duration is only one of three gateways.

Is de facto super split in WA?: Yes. De facto superannuation splitting in Western Australia is governed by s 90YY of the Family Law Act 1975 (Cth) under a limited referral of power, separate from the Family Court Act 1997 (WA) that governs the rest of the asset pool. The trustee of the target fund must be given at least 28 days written notice of the proposed splitting orders before the court can make them, and procedural fairness to the trustee is mandatory.

WA de facto property forms needed?: The core court documents are Form 1 (Initiating Application), Form 13 (Financial Statement), a Supporting Affidavit, an Affidavit of Jurisdiction, and Form NP15 (Undertaking as to Disclosure). Where the net property pool is $500,000 or less with no complex corporate or trust entities, the simplified PPP500 track lets Form 13PPP and the combined Form NP3PPP replace the standard financial statement and affidavits.

Mediation before a WA de facto case?: Generally yes. Pre-action procedures under the Family Court Rules 2021 (WA) require the parties to attempt Family Dispute Resolution and exchange a Notice of Intention with a genuine settlement offer before filing. Exemptions apply for family violence, fraud, urgency such as asset dissipation, a looming limitation deadline, or bankruptcy. A dispute resolution certificate is only valid if the dispute resolution occurred within 12 months before filing.

Jurisdiction: Family Court of Western Australia - General Division. Property and maintenance claims are governed by the Family Court Act 1997 (WA), while de facto superannuation splitting is governed by Part VIIIC of the Family Law Act 1975 (Cth) under a limited referral of power. Forks cover: the out-of-time application (hardship leave required), the simplified PPP500 track (property pool under $500,000), and the bankruptcy joinder track.

The Process at a Glance: Conduct conflict check, execute retainer, and calculate the 2-year limitation deadline from separation. Establish the de facto relationship exists and that at least one jurisdictional gateway is met (2-year duration, child under 18, or substantial contributions). Comply with pre-action procedures - attempt Family Dispute Resolution or claim an exemption, then exchange a formal Notice of Intention with a genuine settlement offer. Collect and exchange mandatory pre-filing financial disclosure including tax returns, superannuation statements, business accounts, and property valuations. Draft and execute the complete court document package - Form 1, Form 13, Supporting Affidavit, Affidavit of Jurisdiction, and Form NP15. Serve the superannuation trustee with 28 days notice before filing consent orders. Lodge electronically via the eCourts Portal of WA, download sealed documents, and arrange special service on the respondent. Attend court events through to final orders, serve sealed superannuation orders on the trustee, and complete physical archiving before closing the file.

Key Legislation and Case Law: Part 5A of the Family Court Act 1997 (WA) - s 205Z(1) (jurisdictional gateways: 2-year duration, child, substantial contributions), s 205ZA(1) (declaration of existing interests), s 205ZB(1) (2-year limitation period from separation), s 205ZB(2) (hardship leave to file out of time), s 205ZD (maintenance), s 205ZG (property alteration orders), s 205ZG(4) (contribution factors: direct financial, indirect financial, non-financial, homemaker/parent), s 205ZO (binding financial agreements), s 205ZX (geographic connection). Family Law Act 1975 (Cth) - s 90YY (de facto superannuation splitting in WA). Interpretation Act 1984 (WA) - s 13A(2) (de facto relationship indicators). Family Court Rules 2021 (WA) - Rule 22 and Schedule 1 (pre-action procedures and exemptions), Rule 190 (duty of disclosure), Rule 223 (specific written questions after conciliation). Practice Direction 6 of 2025 - FDR certificate valid only if DR occurred within 12 months before filing; Form NP15 witnessing requirements. Key cases: [Kennon v Kennon [1997] FamCA 27](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCA/1997/27.html) - special contribution methodology; Mallet v Mallet (1984) 156 CLR 605 - nature of discretion; hardship threshold for out-of-time leave requires proof of substantial detriment and a meritorious claim with real prospects leaving the applicant materially better off after costs.

* 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 Property Settlement (Applicant) - Western Australia 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 Litigation process. Utilize these tracking templates to manage your legal cases efficiently.