Section 90SB — Family Law Act 1975 (Cth)

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.

Related sections

• s 90RH — Setting aside declarations
• s 90RI — Duty of disclosure
• s 90SA — This Division does not apply to certain matters covered by binding financial agreements
• s 90SC — This Division ceases to apply in relation to a de facto relationship if the parties marry each other
• s 90SD — Geographical requirement
• s 90SE — Power of court in maintenance proceedings

Research how courts apply s 90SB

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