Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_90xp
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 90XP
Character Range: 725572–726804

90XP  Separation declaration
 (1) A separation declaration is a written declaration that complies with this section, and may be included in the superannuation agreement to which it relates.
 (2) The declaration must be signed by at least one of the spouses. For this purpose, if a spouse has died the spouse's legal personal representative may sign the declaration.

Spouses who are parties to a marriage
 (3) If the spouses are parties to a marriage, the declaration must state:
 (a) that the spouses are married, but are separated at the declaration time; or
 (b) if either or both of the spouses have died—that the spouses were married, but separated at the most recent time when both spouses were alive.
 (4) In subsection (3), separated has the same meaning as in section 48 (as affected by sections 49 and 50).

Spouses who are parties to a de facto relationship
 (5) If the spouses are parties to a de facto relationship, the declaration must state:
 (a) that the spouses lived in a de facto relationship, but are separated at the declaration time; or
 (b) if either or both of the spouses have died—that the spouses lived in a de facto relationship, but were separated at the most recent time when both spouses were alive.