Document ID: chunk:federal_register_of_legislation:C2021C00511:clause:4_4
Version: federal_register_of_legislation:C2021C00511
Segment Type: clause
Provision Reference: sch 4 cl 4
Character Range: 40813–41948

4  Recognition of overseas divorces, annulments and legal separations relating to pre‑commencement same‑sex marriages
(1) To avoid doubt, subsection 104(3) of the Family Law Act 1975 extends to a divorce, annulment or legal separation relating to a pre‑commencement same‑sex marriage, even if:
 (a) the relevant date (as defined in section 104 of that Act) was before the recognition time; or
 (b) the divorce, annulment or legal separation occurred before the recognition time.
(2) The Family Law Act 1975 applies as if subsection 104(3) of that Act also provided for a divorce effected in accordance with the law of an overseas jurisdiction to be recognised as valid in Australia if the divorce related to a pre‑commencement same‑sex marriage and was effected before the recognition time.
(3) For the purposes of the application of subsection 104(4) of the Family Law Act 1975 in relation to subsection 104(3) of that Act as it applies because of subitem (2), the mere fact that the divorce relates to a pre‑commencement same‑sex marriage does not mean that recognition of the divorce would manifestly be contrary to public policy.