(1) Subject to
subsection (2), a de facto partner whose de facto relationship has ended may
apply for an order under section 205ZCA, 205ZE or 205ZG, or a declaration
under section 205ZA(1), only if —
application is made within the period (the standard application period ) of
2 years after the end of the de facto partner’s de
facto relationship; or
12 months after a financial agreement or former financial
agreement between the de facto partners was set aside, or found to be invalid,
as the case may be;
de facto partners consent to the application.
(1A) However, if
proceedings are instituted by an application made with the consent of both de
facto partners, the court may dismiss the proceedings if it is satisfied that,
because the consent was obtained by fraud, duress or unconscionable conduct,
allowing the proceedings to continue would amount to a miscarriage of justice.
(2) The court may
grant the de facto partner leave to apply after the end of the standard
application period if the court is satisfied that hardship would be caused to
the de facto partner or a child if leave were not granted.
(3) If a de facto
partner who is a party to an application under this Division has a spouse,
that person is to give that spouse notification of the application in
accordance with the rules.
[Section 205ZB inserted: No. 25 of 2002 s. 47;
amended: No. 35 of 2006 s. 72; No. 28 of 2022 s. 13.]