Essential Documents for a De Facto Property Settlement in Western Australia

A de facto property settlement in Western Australia requires specific documentation at each stage of the proceedings. Unlike other Australian states where the Family Law Act 1975 (Cth) governs, WA operates under the Family Court Act 1997 (WA), which prescribes its own forms, filing requirements, and procedural steps. Getting the documentation right from the outset saves time, reduces costs, and avoids adjournments that delay resolution.

This guide outlines the key documents practitioners need to prepare, file, and exchange during a de facto property settlement in WA, from the initial application through to final orders or consent.

Initiating Documents: Form 1 Application

Property settlement proceedings in the Family Court of Western Australia are commenced by filing a Form 1 - Application (Initiating). This form requires the applicant to identify the orders sought, the factual basis for the court's jurisdiction (including the existence and duration of the de facto relationship), and the nature of the property in dispute. The application must be accompanied by the prescribed filing fee.

Unlike the Federal Circuit and Family Court of Australia, the WA Family Court has its own distinct forms and practice directions. Practitioners who typically practise in other jurisdictions must be careful not to file Commonwealth forms, which will be rejected. The de facto property settlement checklist specifies the correct form references at each filing stage.

Financial Disclosure Documents

Both parties have a continuing obligation of full and frank disclosure under the Family Court Rules 2021 (WA). The core financial disclosure document is the Financial Statement, which must set out all assets, liabilities, income, and financial resources of each party. This includes assets held in personal names, jointly, through companies, trusts, or superannuation funds.

• Financial Statement (sworn or affirmed) - assets, liabilities, income, and financial resources
• Three most recent tax returns and notices of assessment
• Three most recent payslips or evidence of income
• Bank statements (typically 12 months) for all accounts
• Superannuation fund statements (see below for WA-specific requirements)
• Real property valuations (formal valuations may be required for contested matters)
• Business financial statements and tax returns (if applicable)
• Trust deeds and financial statements for any discretionary or unit trusts
• Company financial statements and ASIC records (if applicable)

Superannuation Information

Superannuation splitting in Western Australia follows its own procedural pathway under the Family Court Act 1997 (WA) and the Family Court (Superannuation) Regulations. Practitioners must obtain a current superannuation information statement from each fund. For defined benefit funds, actuarial valuations may be required to determine the present value of the interest. The procedural requirements for flagging and splitting orders differ from the Commonwealth regime.

Valuation Evidence

For contested matters, formal valuations are typically required for real property, businesses, and significant personal property. Joint expert appointments are encouraged by the court and can significantly reduce costs. Practitioners should be familiar with the court's practice direction on expert evidence, which sets out the requirements for expert reports including the duty to the court, qualifications, methodology, and assumptions.

In many cases, parties can agree on valuations through negotiation, avoiding the expense of formal expert reports. The WA de facto property settlement checklist addresses the valuation strategy decision at the pre-trial preparation stage.

Consent Orders vs Binding Financial Agreements

If the parties reach agreement, they can formalise the settlement through either consent orders or a binding financial agreement (BFA). Consent orders require the court to be satisfied that the proposed orders are just and equitable. A BFA does not require court approval but must comply with strict formal requirements, including independent legal advice for each party. For practitioners considering the BFA pathway, see our WA de facto binding financial agreement checklist.

Using the Matter Plan

The documentation requirements for a WA de facto property settlement are jurisdiction-specific and procedurally detailed. Our WA de facto property settlement checklist provides the complete practitioner workflow with stage-by-stage document checklists, filing deadlines, and practice notes. For cases where a binding financial agreement is the preferred resolution pathway, see our WA de facto BFA checklist.