Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:4_37
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 4 cl 37
Character Range: 138420–139355

37  Subsections 90XP(2A) to (12)
Repeal the subsections, substitute:

Spouses who are parties to a marriage
 (3) If the spouses are parties to a marriage, the declaration must state:
 (a) that the spouses are married, but are separated at the declaration time; or
 (b) if either or both of the spouses have died—that the spouses were married, but separated at the most recent time when both spouses were alive.
 (4) In subsection (3), separated has the same meaning as in section 48 (as affected by sections 49 and 50).

Spouses who are parties to a de facto relationship
 (5) If the spouses are parties to a de facto relationship, the declaration must state:
 (a) that the spouses lived in a de facto relationship, but are separated at the declaration time; or
 (b) if either or both of the spouses have died—that the spouses lived in a de facto relationship, but were separated at the most recent time when both spouses were alive.