Ending civil union by parties

In force

(1)

If a party to a civil union wishes, or both parties to a civil union wish, to end the civil union, the party (or parties) may give the registrar-general a written notice of intention to end the civil union (a termination notice).

(2)

However, if a termination notice is given by only 1 party, the notice is effective only if—

(a)

a copy of the notice has been served personally on the other party; and

(b)

a statement declaration is given to the registrar-general with the notice that—

(i)

is made by the person who served the notice; and

(ii)

verifies the notice was served personally by the person on the other party on the date mentioned in the statement.

Note 1

For provision about service of notices, see s 24 and s 25.

Note 2

It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

(3)

A termination notice may, within 12 months after the day it was given to the registrar-general, be withdrawn by written notice (a withdrawal notice) given to the registrar by the party (or parties) who gave the termination notice.

(4)

However, if a withdrawal notice is given by only 1 party, the notice is effective only if—

(a)

a copy of the notice has been served personally on the other party; and

(b)

a statement is given to the registrar-general with the notice that—

(i)

is made by the person who served the notice; and

(ii)

verifies the notice was served personally by the person on the other party on the date mentioned in the statement.

Note 1

For provision about service of notices, see s 24 and s 25.

Note 2

It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

(5)

A civil union ends 12 months after the day the termination notice is given to the registrar-general in accordance with this section, unless—

(a)

the notice has been withdrawn under this section; or

(b)

the Supreme Court makes an order under section 13 (2); or

(c)

the operation of the notice is stayed under section 13 (3); or

(d)

the civil union has already ended under section 11 (1).

This Act’s bill:Explanatory statement Second reading speech

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12 Ending civil union by parties