De facto agreements in Western Australia


Western Australia

De facto relationships are dealt with under the Family Law Act 1975 as a result in changes to the law in which all states and territories with the exception of Western Australia passed their power in relation to dealing with the division of property between de factos to the Commonwealth Government.

Family Court Act 1997 (WA): Section 205ZN

Financial agreements before beginning de facto relationship

   (1)   If —

          (a)   people who are contemplating entering into a de facto relationship with each other make a                    written agreement with respect to any of the matters mentioned in subsection (2); and

          (b)    at the time of the making of the agreement, no other agreement (whether made under this                   section or section 205ZO or 205ZP) is in force between the parties with respect to any of                       those matters; and

           (c)   the agreement is expressed to be made under this section,

           the agreement is a financial agreement.

 

   (2)    The matters referred to in subsection (1)(a) are the following —

           (a)    how, in the event of the breakdown of the de facto relationship, all or any of the property                      or financial resources of either or both of them at the time when the agreement is made, or                    at a later time and before the breakdown of the relationship, is to be dealt with;

           (b)     the maintenance of either of them —

                    (i)         during the de facto relationship; or

                    (ii)         after the de facto relationship has ended; or

                    (iii)         both during the de facto relationship and after the de facto relationship has                                             ended.

    (3)   A financial agreement made as mentioned in subsection (1) may contain matters incidental or               ancillary to those mentioned in subsection (2).

    (4)   A financial agreement made as mentioned in subsection (1) may terminate a previous financial            agreement made as mentioned in that subsection, or former financial agreement, between the              same parties.

Family Court Act 1997 (WA): Section 205ZO:

Financial agreements during de facto relationship — FLA s. 90C

     (1)   If —

           (a)     de facto partners in a de facto relationship make a written agreement with respect to                             any of the matters mentioned in subsection (2); and

           (b)      at the time of the making of the agreement, no other agreement (whether made under                           this section or section 205ZN or 205ZP) is in force between the partners with respect to                         any of those matters; and

           (c)      the agreement is expressed to be made under this section,

           the agreement is a financial agreement.

 

     (2)   The matters referred to in subsection (1)(a) are the following —

            (a)     how, in the event of the breakdown of the de facto relationship, all or any of the property                      or financial resources of either or both of them at the time when the agreement is made,                        or at a later time and during the de facto relationship, is to be dealt with;

            (b)     the maintenance of either of them —

                     (i)     during the de facto relationship; or

                     (ii)    after the de facto relationship has ended; or

                     (iii)    both during the de facto relationship and after the de facto relationship has ended.

     (3)    A financial agreement made as mentioned in subsection (1) may contain matters incidental or              ancillary to those mentioned in subsection (2).

     (4)    A financial agreement made as mentioned in subsection (1) may terminate a previous                           financial agreement made as mentioned in that subsection, a financial agreement made as                   mentioned in section 205ZN(1), or a former financial agreement, between the same parties.

Family Court Act 1997 (WA): Section 205ZP:

Financial agreements after de facto relationship ends

      (1)    If —

              (a)    after a de facto relationship is ended, the parties to the former de facto relationship                               make a written agreement with respect to any of the matters mentioned in subsection                           (2); and

              (b)   at the time of the making of the agreement, no other agreement (whether made under                          this section or section 205ZN or 205ZO) is in force between the parties with respect to                          any of those matters; and

              (c)   the agreement is expressed to be made under this section,

               the agreement is a financial agreement.

      (2)    The matters referred to in subsection (1)(a) are the following —

              (a)    how all or any of the property or financial resources that either or both of them had or                           acquired during the former de facto relationship is to be dealt with;

              (b)    the maintenance of either of them.

      (3)    A financial agreement made as mentioned in subsection (1) may contain matters incidental or               ancillary to those mentioned in subsection (2).

      (4)    A financial agreement made as mentioned in subsection (1) may terminate a previous                            financial agreement made as mentioned in that subsection, a financial agreement made as                  mentioned in section 205ZN(1) or 205ZO(1), or a former financial agreement, between the                    same parties.

Please call AussieLegal on 1300 728 200 for more information on Binding Financial Agreements under Australian lawfor a fixed price of $1,875.00 including legal advice and certification from 2 independent family law solicitors.