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

40   Subsection 90MQ(1)

Repeal the subsection, substitute:

(1) This section applies to a declaration if:

(a) if both spouses are alive at the declaration time - at the declaration time; or

(b) otherwise - at the most recent time when both spouses were alive;

the total withdrawal value for all the superannuation interests of the member spouse is more than the member spouse's low rate cap amount for the income year in which that time occurs.