Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:3_39
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 3 cl 39
Character Range: 185350–185980

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.