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COMMONWEALTHAct
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s 90SB

When this Division applies—length of relationship etc

In force
Volume 2s 90AA-Endnotes
Part VIIIABFinancial matters relating to de facto relationships
Division 2Maintenance, declarations of property interests and alterations of property interests
Subdivision AApplication of Division

90SB When this Division applies—length of relationship etc

A court may make an order under section 90SE, 90SG or 90SM, or a declaration under section 90SL, in relation to a de facto relationship only if the court is satisfied:

(a)

that the period, or the total of the periods, of the de facto relationship is at least 2 years; or

(b)

that there is a child of the de facto relationship; or

(c)

that:

(i)

the party to the de facto relationship who applies for the order or declaration made substantial contributions of a kind mentioned in paragraph 90SM(4)(a), (b) or (c); and

(ii)

a failure to make the order or declaration would result in serious injustice to the applicant; or

(d)

that the relationship is or was registered under a prescribed law of a State or Territory.

Note:

For child of a de facto relationship, see section 90RB.

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