Document ID: chunk:federal_register_of_legislation:C2021C00511:clause:4_2
Version: federal_register_of_legislation:C2021C00511
Segment Type: clause
Provision Reference: sch 4 cl 2
Character Range: 38556–39883

2  Proceedings pending under the Family Law Act 1975 in relation to pre‑commencement same‑sex marriages
(1) This item applies to proceedings that:
 (a) were pending under the Family Law Act 1975 immediately before the recognition time; and
 (b) related to a de facto relationship that:
 (i) existed before or when the proceedings were instituted; and
 (ii) was between 2 persons who were parties to a single pre‑commencement same‑sex marriage solemnised before the proceedings were instituted.
(2) The proceedings continue under the Family Law Act 1975 at and after the recognition time:
 (a) as if they related to a marriage that had been solemnised when the pre‑commencement same‑sex marriage was solemnised; and
 (b) if the proceedings were a de facto financial cause—as if anything done before the recognition time for the purposes of a provision of Part VIIIAB of that Act (except Division 4 of that Part) had been done for the purposes of the corresponding provision of Part VIII of that Act.
Note 1: Part VIII of that Act is about property, spousal maintenance and maintenance agreements relating to a marriage. Part VIIIAB of that Act is about financial matters relating to de facto relationships. Division 4 of that Part is about financial agreements.
Note 2: Item 5 of this Schedule deals with financial agreements.