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

Schedule 3   Amendments relating to financial agreements about marriage

Part 2   Separation declarations

Family Law Act 1975

39   After subsection 90MP(4)

Insert:

(4A) If either or both of the spouses have died, then the declaration must state:

(a) if section 90MQ applies to the declaration - that at the most recent time when both spouses were alive:

(i) the spouses were married; but

(ii) the spouses were separated and had lived separately and apart for a continuous period of at least 12 months immediately before that time; or

(b) if section 90MQ does not apply to the declaration - that the spouses were married, but separated, at the most recent time when both spouses were alive.

Subsections (3) and (4) have effect subject to this subsection.