Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (115 of 2008)

Schedule 1   Amendments relating to de facto financial matters

Part 2   Transitional provisions

Division 1   Introduction

85   Interpretation

In this Part:

commencement means the commencement of this Schedule.

designated agreed matters , in relation to 2 persons, means the following:

(a) how all or any of the:

(i) property; or

(ii) financial resources;

of either person, or both persons, at the time when the agreement is made, or at a later time and during a de facto relationship between them, is to be distributed;

(b) the maintenance of either of the persons;

in the event of the breakdown of a de facto relationship between them, or in relation to a de facto relationship between them that has broken down, as the case requires.

designated State/Territory financial agreement , in relation to 2 persons, means a written agreement:

(a) signed by both of them with respect to matters that include any designated agreed matters; and

(b) made under a preserved law of a State or Territory; and

(c) in relation to which, either:

(i) a court could not, because of that preserved law, make an order under that law that is inconsistent with the agreement with respect to any of the designated agreed matters; or

(ii) a court could not, because of that preserved law, make an order under that law that is with respect to any of the designated agreed matters.

earlier participating jurisdiction means a State or Territory that is a participating jurisdiction at commencement.

later participating jurisdiction means a State that becomes a participating jurisdiction after commencement.

new Act means the Family Law Act 1975 as in force after commencement.

Part VIIIB means Part VIIIB of the new Act to the extent to which that Part relates to a superannuation interest to be allocated between the parties to a de facto relationship.

preserved law , of a State or Territory, means a law of the State or Territory relating to financial matters relating to the parties to de facto relationships arising out of the breakdown of those de facto relationships.

transition time , for a later participating jurisdiction, means the time the State becomes a participating jurisdiction.