Ending civil union by parties
12 Ending civil union by parties
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).
However, if a termination notice is given by only 1 party, the notice is effective only if—
a copy of the notice has been served personally on the other party; and
a statement declaration is given to the registrar-general with the notice that—
is made by the person who served the notice; and
verifies the notice was served personally by the person on the other party on the date mentioned in the statement.
For provision about service of notices, see s 24 and s 25.
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).
A termination notice may, within 12 months after the day it was given to the registrar-general, be withdrawn by written notice (a withdrawal notice) given to the registrar by the party (or parties) who gave the termination notice.
However, if a withdrawal notice is given by only 1 party, the notice is effective only if—
a copy of the notice has been served personally on the other party; and
a statement is given to the registrar-general with the notice that—
is made by the person who served the notice; and
verifies the notice was served personally by the person on the other party on the date mentioned in the statement.
For provision about service of notices, see s 24 and s 25.
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).
A civil union ends 12 months after the day the termination notice is given to the registrar-general in accordance with this section, unless—
the notice has been withdrawn under this section; or
the Supreme Court makes an order under section 13 (2); or
the operation of the notice is stayed under section 13 (3); or
the civil union has already ended under section 11 (1).
This Act’s bill:Explanatory statementSecond reading speech
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