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FAMILY LAW ACT 1975 - SECT 90SK

Geographical requirement

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

                     (a)  that either or both of parties to the de facto relationship were ordinarily resident in a participating jurisdiction when the application for the declaration or order was made (the application time ); and

                     (b)  that either:

                              (i)  both parties to the de facto relationship were ordinarily resident during at least a third of the de facto relationship; or

                             (ii)  the applicant for the declaration or order made substantial contributions in relation to the de facto relationship, of a kind mentioned in paragraph 90SM(4)(a), (b) or (c);

                            in one or more States or Territories that are participating jurisdictions at the application time;

or that the alternative condition in subsection (1A) is met.

          (1A)  The alternative condition is that the parties to the de facto relationship were ordinarily resident in a participating jurisdiction when the relationship broke down.

             (2)  For the purposes of paragraph (1)(b), a State need not have been a participating jurisdiction during the de facto relationship.

             (3)  If each State is a referring State, the Governor-General may, by Proclamation, fix a day as the day on which paragraph (1)(b), and the alternative condition in subsection (1A), cease to apply in relation to new applications.

Note:          Paragraph (1)(b) and subsection (1A) will continue to apply in relation to applications made before the proclaimed day.

             (4)  If:

                     (a)  a Proclamation under subsection (3) is in force; and

                     (b)  a State ceases to be a referring State on a particular day;

the Proclamation is revoked by force of this subsection on and from that day.

             (5)  If, under subsection (4), a Proclamation under subsection (3) is revoked:

                     (a)  this section has effect as if the revoked Proclamation had not been made; but

                     (b)  the effect of the revoked Proclamation on applications made before the specified day is not affected.



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