Document ID: chunk:federal_register_of_legislation:C2011C00519:clause:4_6:p2
Version: federal_register_of_legislation:C2011C00519
Segment Type: clause
Provision Reference: sch 4 cl 6 (pt 2/2)
Character Range: 141195–142163

written agreement:
 (i) that is binding under a State law, Territory law or foreign law relating to de facto marriage breakdowns; and
 (ii) that, because of such a law, prevents a court making an order about matters to which the agreement applies, or that is inconsistent with the terms of the agreement in relation to those matters, unless the agreement is varied or set aside.

 (2C) The conditions are that:
 (a) at the time of the transfer:
 (i) the *spouses, or former spouses, involved are separated; and
 (ii) there is no reasonable likelihood of cohabitation being resumed; and
 (b) the transfer happened because of reasons directly connected with the breakdown of the marriage or de facto marriage.

 (2D) For the purposes of subsection (2C), the question whether *spouses, or former spouses, have separated is to be determined in the same way as it is for the purposes of section 48 of the Family Law Act 1975 (as affected by sections 49 and 50 of that Act).