Family Law Act 1975

A separation declaration is a written declaration that complies with this section, and may be included in the superannuation agreement to which it relates.

The declaration must be signed by at least one of the parties to the de facto relationship. For this purpose, if a party has died the party’s legal personal representative may sign the declaration.

The declaration must state:

that the parties lived in a de facto relationship, but are separated, at the declaration time; or

if either or both of the parties to the de facto relationship have died—that the parties lived in a de facto relationship, but were separated at the most recent time when both parties were alive.