Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:1_89
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 1 cl 89
Character Range: 153234–155743

89  When this Division applies
This Division applies if Parts VIIIAB and VIIIB, and subsection 114(2A), of the new Act:
 (a) apply in relation to a de facto relationship; or
 (b) would, but for item 90, apply in relation to a de facto relationship;
only because a State has become a later participating jurisdiction.

Note 1: This Division will not apply to a de facto relationship that breaks down during the period starting at commencement and ending at the transition time for the State if, during that period, section 90UE of the new Act has applied in relation to the de facto relationship. This is because it is section 90UE, and not the State becoming a participating jurisdiction, that has caused Part VIIIAB of the new Act to apply in relation to the de facto relationship.

Note 2: The cases covered by paragraph (a) include a case where a de facto relationship has broken down before the transition time for the State and the parties to the relationship make a choice under item 90A.

Example 1: Amy and Ben made an agreement in a non‑referring State and then moved to, and spent most of their relationship in, an earlier participating jurisdiction. Their relationship broke down after commencement, but before the non‑referring State became a later participating jurisdiction. Their residence in the earlier participating jurisdiction means section 90UE of the new Act will cause Amy and Ben's agreement to become a Part VIIIAB financial agreement.

Example 2: Cathy and Don made an agreement in a non‑referring State and did not move from that State. Their relationship broke down after commencement but before the non‑referring State became a later participating jurisdiction. That State becoming a later participating jurisdiction is the only way that Part VIIIAB could only apply to Cathy and Don's relationship. This means this Division, and item 90, will apply. The effect of item 90 is that State law will continue to govern Cathy and Don's agreement.

Example 3: During their de facto relationship, Emily and Fred made an agreement in a non‑referring State and did not move from that State. Their relationship broke down after the non‑referring State became a later participating jurisdiction. That State becoming a later participating jurisdiction is the only way that Part VIIIAB could only apply to Emily and Fred's relationship. This means this Division, and item 92, will apply. The effect of item 92 is that Emily and Fred's agreement will become a Part VIIIAB financial agreement.