Legal Project Management Plan & Checklist
Purpose of this Guide: 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 . Access services via the .
Jurisdiction: Family Court of Western Australia. Governed by s 205ZP of the Family Court Act 1997 (WA) for property and maintenance. Superannuation splitting operates under s 90YK FLA 1975 (Cth). A Separation Declaration must be executed under s 205ZPA FCA 1997 (WA) and s 90YU FLA 1975 (Cth) where superannuation splitting provisions are included. No court filing of the BFA itself is required. Verify current guidelines on the official WA Legislation.
The Process at a Glance: Confirm the precise date the de facto relationship ended. Immediately calculate the 2-year limitation expiry date (separation date plus 2 years) and deploy escalating PMS alerts. Advise the client in the Letter of Advice that if the BFA is set aside, they will need to commence property proceedings promptly or face a hardship leave application. Draft the BFA under s 205ZP FCA 1997 (WA) and execute the Separation Declaration under s 205ZPA alongside the deed. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: Family Court Act 1997 (WA) - s 205ZP (post-separation agreement), s 205ZB(1) (2-year limitation period from separation), s 205ZPA (Separation Declaration), s 205ZS(1)(c) (binding requirements - Evans and Goodwin mandatory certificate wording), s 205ZV (grounds to set aside including fraud and non-disclosure). Family Law Act 1975 (Cth) - s 90YU (Separation Declaration for WA de facto super split), s 90YK (WA de facto superannuation agreement). Evans and Goodwin FCWA 259 - mandatory certificate wording for s 205ZS compliance. Hardship leave out of time: s 205ZB FCA 1997 (WA) - court grants leave only if hardship to a de facto partner or child is demonstrated.
* 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) - Post-Separation Agreement (s 205ZP) - Limitation Trap and Evans Goodwin Compliance 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.
Section 205ZB(1) FCA 1997 (WA) - the 2-year limitation period begins on the date the de facto relationship ends. It is strictly enforced. Leave to apply out of time under s 205ZB requires demonstration of hardship to a de facto partner or a child of the relationship. Courts take the hardship threshold seriously and it is not automatically granted. The risk of the BFA being set aside years after execution while the limitation period has also expired is the most catastrophic outcome for a post-separation BFA client.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
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.