Section 90SK — Family Law Act 1975 (Cth)

(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.

Related sections

• s 90SH — Specification in orders of payments etc. for maintenance purposes
• s 90SI — Modification of maintenance orders
• s 90SJ — Cessation of maintenance orders
• s 90SL — Declaration of interests in property
• s 90SM — Alteration of property interests
• s 90SMA — Other matters in relation to alteration of property interests

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