Commonwealth Numbered Acts

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FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 5

Certain children deemed to be children of a marriage.
5. (1) For the purposes of the application of this Act in relation to a

   (a)  a child adopted since the marriage by the husband and wife or by
        either of them with the consent of the other;

   (b)  a child of the husband and wife born before the marriage; and

   (c)  a child of either the husband or wife (including an ex-nuptial child
        of either of them and a child adopted by either of them) if, at the
        relevant time, the child was ordinarily a member of the household of
        the husband and wife, shall be deemed to be a child of the marriage,
        and a child of the husband and wife (including a child born before the
        marriage) who has been adopted by another person or other persons
        shall be deemed not to be a child of the marriage.

(2) For the purposes of sub-section (1), in relation to any proceedings the
relevant time is-

   (a)  the time immediately preceding the time when the husband and wife
        separated or, if they have separated on more than one occasion, the
        time immediately preceding the time when they last separated before
        the institution of the proceedings; or

   (b)  if the husband and wife were living together at the time when the
        proceedings were instituted, the time immediately preceding the
        institution of the proceedings.

(3) The provisions of sub-sections (1) and (2) apply in relation to a
purported marriage that is void as if the purported marriage were a marriage. 

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