Document ID: chunk:federal_register_of_legislation:C2004C01280:clause:1_90mp
Version: federal_register_of_legislation:C2004C01280
Segment Type: clause
Provision Reference: sch 1 cl 90MP
Character Range: 21370–22484

90MP  Separation declaration

 (1) A separation declaration is a written declaration that complies with this section.

 (2) The declaration must be signed by at least one of the spouses.

 (3) If section 90MQ applies to the declaration, then the declaration must state that:
 (a) the spouses are married; and
 (b) the spouses separated and thereafter lived separately and apart for a continuous period of at least 12 months immediately before the declaration time; and
 (c) in the opinion of the spouse (or spouses) making the declaration, there is no reasonable likelihood of cohabitation being resumed.

 (4) If section 90MQ does not apply to the declaration, then the declaration must state that the spouses are married, but are separated, at the declaration time.

 (5) For the purposes of this section, the question whether spouses lived separately and apart for a continuous period of not less than 12 months before a particular date is to be determined in the same way as it is under section 48.

 (6) In this section:

separated has the same meaning as in section 48 (as affected by sections 49 and 50).