Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a de facto couple in Western Australia wants a legally binding financial agreement that settles how their property, superannuation, and maintenance will be divided - either before moving in together, during the relationship, or after separation. Unlike other Australian states, Western Australia has its own state-based family law system for de facto relationships. This means the agreement must be drafted under two separate pieces of legislation at the same time: the Family Court Act 1997 (WA) for property and maintenance, and the Family Law Act 1975 (Cth) for superannuation splitting. Open this plan at the first meeting where a de facto client asks to protect assets, formalise financial arrangements with a partner, or lock in a settlement after separation. Verify current guidelines on the official WA Legislation.
Jurisdiction: Family Court of Western Australia. Non-superannuation property and maintenance are governed by Part 5A, Division 3 of the Family Court Act 1997 (WA). Superannuation splitting operates under Part VIIIC of the following the Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 (Cth) (commenced 28 September 2022). Forks cover three timing scenarios: pre-relationship (s 205ZN), during relationship (s 205ZO), and post-separation (s 205ZP with Evans and Goodwin certificate compliance).
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. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Use this fork when de facto partners who are currently living together in Western Australia want to put a financial agreement in place during their relationship - whether to protect a new inheritance or business acquisition, define entitlements going forward, or formalise financial arrangements without triggering a separation. The critical risk with agreements made during an existing de facto relationship under s 205ZO of the Family Court Act 1997 (WA) is that if the de facto relationship has actually broken down before the agreement is signed, the statutory basis shifts from s 205ZO to s 205ZP. Executing an agreement under the wrong section voids it entirely. This fork adds a task to confirm and monitor the ongoing status of the de facto relationship throughout the drafting process. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Use this fork when a de facto couple in Western Australia have already separated and now want to formalise their financial settlement as a Binding Financial Agreement under s 205ZP of the Family Court Act 1997 (WA) instead of litigating or seeking consent orders. The critical traps are: first, the 2-year limitation period under s 205ZB FCA 1997 (WA) means that if negotiations drag on past 2 years from separation and the BFA is not executed, the client loses their automatic right to file property proceedings; second, if the BFA is later set aside and the 2-year window has closed, the client may have no fallback property claim at all without a successful hardship leave application. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
The Process at a Glance: Conduct a conflict check and confirm the de facto relationship satisfies the WA jurisdictional gateways (2-year duration, child of the relationship, or substantial contributions). Exchange full financial disclosure under Part 13 of the Family Court Rules 2021 (WA), compile the Form 13 Financial Statement, and obtain superannuation valuations via the Form 6 Declaration under the Family Law (Superannuation) Regulations 2025. Serve the draft superannuation splitting clauses on the fund trustee 28 days before execution. Draft the agreement using the correct statutory section and incorporate a Certificate of Independent Legal Advice using the exact wording required by Evans and Goodwin FCWA 259. Execute with wet-ink signatures in the physical presence of each party's independent solicitor. After execution, serve the trustee to activate the superannuation split, lodge the Transfer of Land and Foreign Transfer Duty Declaration with Revenue WA within two months, and complete the Landgate conveyancing. Archive the file with an indefinite retention block. Verify current guidelines on the official WA Legislation.
Key Legislation and Case Law: Family Court Act 1997 (WA) - s 205ZN (pre-relationship agreement), s 205ZO (during relationship), s 205ZP (post-separation), s 205ZS(1) (binding requirements including independent legal advice), s 205ZV (grounds for set-aside including fraud and non-disclosure), s 205ZB(1) (2-year limitation period from separation), s 205ZPA (Separation Declaration), s 205Z(1) (jurisdictional gateways: 2 years, child, or substantial contributions), s 205X (geographical connection). Family Law Act 1975 (Cth) - s 90YK (WA de facto superannuation agreement), s 90YN(1)(c)(iii) (operative time: 4th business day after trustee service), s 90YU (Separation Declaration for de facto super split). Family Law (Superannuation) Regulations 2025 (Cth) (commenced 1 April 2025 - replaced 2001 Regulations). Duties Act 2008 (WA) - s 131 (nominal duty, 2-month lodgment deadline), s 113 (5-year reassessment window). Key cases: Evans and Goodwin FCWA 259 - any variation in the ILA certificate wording that omits "disadvantages" renders the entire BFA void and non-binding under s 205ZS(1)(c) FCA 1997 (WA). Limitation period: s 205ZB(1) FCA 1997 (WA) - 2 years from separation date.
* 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 Family Law: WA De Facto Binding Financial Agreement (Applicant) 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.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Section 205Z(1) FCA 1997 (WA) sets out the three alternative gateways. Only one need be satisfied. Duration is calculated from the date of commencement of cohabitation to the date of separation. Section 205X FCA 1997 (WA) governs geographical connection. The one-third residency rule is a proportional test. Section 13A Interpretation Act 1984 (WA) defines "de facto relationship" as a relationship (other than legal marriage) between two persons who live together in a marriage-like relationship. Factors considered include: duration of relationship, nature and extent of common residence, degree of financial dependence, ownership of property, and reputation of the relationship.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Rule 22 and Schedule 1 Family Court Rules 2021 (WA) mandate pre-action procedures before commencing any case in the Family Court of WA. Failure to comply can result in the court staying proceedings, requiring retrospective compliance, and making adverse costs orders against the non-compliant party. Exemptions under Rule 22(2) apply where: the case involves allegations of family violence or immediate risk of family violence; the case involves fraud; the application is extremely urgent (such as imminent dissipation of assets); the application would be unduly prejudiced by giving notice; or there has been a previous application in the same cause of action within the preceding 12 months.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.