Spouse and De Facto Maintenance Application (Applicant) - De Facto Relationship in Western Australia (FCWA) Pathway

Jurisdiction: Family Court of Western Australia (FCWA), operating under the Family Court Act 1997 (WA). This plan applies to de facto relationships where the parties were ordinarily resident in Western Australia. It is a fork of the federal spouse and de facto maintenance plan.

The Process at a Glance: Complete the initial intake checklist, run conflict checks, and calculate the 2-year limitation deadline from separation. Establish the de facto relationship exists and that geographical gateways are met. Comply with pre-action procedures - attempt dispute resolution or claim an exemption (NP1 and Form 4), 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, and business accounts. Draft and execute the complete WA court document package - Form 1, Form 13, Supporting Affidavit, and Form NP15. Serve the superannuation trustee with 28 days notice before filing consent orders. Lodge electronically via the eCourts Portal WA, download sealed documents, and arrange special service on the respondent. Attend court events through to final orders, and complete file closure.

Key Legislation and Case Law: Part 5A of the Family Court Act 1997 (WA) - Section 205ZC (right to maintenance), Section 205ZCA (power of court to make orders), Section 205ZD (statutory considerations), Section 205ZF (specifications in lump sum or property orders), and Section 205Z (de facto relationship gateways), Section 205ZX (geographical connection), Section 205ZB (limitation period and hardship leave). Key case law includes Jonah v White (2012) 48 Fam LR 454 (de facto relationship factors), In the Marriage of Clauson (1995) 18 Fam LR 689 (standard of living), [Edmunds v Edmunds [2019] FamCAFC 121](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCAFC/2019/121.html) (hardship test for leave out of time), and [Sharp v Sharp [2011] FamCAFC 128](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCAFC/2011/128.html) (exercise of discretion). Family Court Rules 2021 (WA) - Schedule 1 (pre-action procedures), Rule 203 (Harman implied undertaking), Rule 211 (Undertaking as to Disclosure).

* 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 Spouse and De Facto Maintenance Application (Applicant) - De Facto Relationship in Western Australia (FCWA) Pathway 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 DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.