Document ID: chunk:federal_register_of_legislation:C2024C00859:section:44:p3
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 44 (pt 3/4)
Character Range: 172376–174932

and not otherwise.
 (3B) Despite subsection (3), if, whether before or after the commencement of Schedule 2 to the Family Law Amendment Act 2000:
 (a) a divorce order has taken effect or a decree of nullity of marriage has been made; and
 (b) a financial agreement between the parties to the marriage has been set aside under section 90K or found to be invalid under section 90KA;
proceedings of a kind referred to in paragraph (c), (caa), (ca) or (cb) of the definition of matrimonial cause in subsection 4(1) (not being proceedings under section 78 or 79A or proceedings seeking the discharge, suspension, revival or variation of an order previously made in proceedings with respect to the maintenance of a party) may be instituted:
 (c) within the period of 12 months after the later of:
 (i) the date on which the divorce order took effect or the date of the making of the decree of nullity, as the case may be; or
 (ii) the date on which the financial agreement was set aside, or found to be invalid, as the case may be; or
 (d) with the leave of the court in which the proceedings are to be instituted;
and not otherwise.
 (4) The court shall not grant leave under subsection (3) or (3A) unless it is satisfied:
 (a) that hardship would be caused to a party to the relevant marriage or a child if leave were not granted; or
 (b) in the case of proceedings in relation to the maintenance of a party to a marriage—that, at the end of the period within which the proceedings could have been instituted without the leave of the court, the circumstances of the applicant were such that the applicant would have been unable to support himself or herself without an income tested pension, allowance or benefit.

Proceedings in relation to de facto relationships
 (5) Subject to subsection (6), a party to a de facto relationship may apply for an order under section 90SE, 90SG or 90SM, or a declaration under section 90SL, only if:
 (a) the application is made within the period (the standard application period) of:
 (i) 2 years after the end of the de facto relationship; or
 (ii) 12 months after a financial agreement between the parties to the de facto relationship was set aside, or found to be invalid, as the case may be; or
 (b) both parties to the de facto relationship consent to the application.
 (5A) However, if proceedings are instituted by an application made with the consent of both of the parties to the de facto relationship, the court may dismiss the proceedings if it is satisfied that, because the consent was obtained by fraud, duress