Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:1_36
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 1 cl 36
Character Range: 29413–30265

36  At the end of section 44
Add:

 (5) Subject to subsection (6), a party to a de facto relationship may apply for:
 (a) an order under section 90SE, 90SG or 90SM; or
 (b) a declaration under section 90SL;
only if the application is made within the period of 2 years after the end of the de facto relationship (the standard application period).

 (6) The court may grant the party leave to apply after the end of the standard application period if the court is satisfied that:
 (a) hardship would be caused to the party or a child if leave were not granted; or
 (b) in the case of an application for an order for the maintenance of the party—the party's circumstances were, at the end of the standard application period, such that he or she would have been unable to support himself or herself without an income tested pension, allowance or benefit.