Section 90YUFamily Law Act 1975 (Cth)

Separation declaration

(1) A separation declaration is a written declaration that complies with this section, and may be included in the superannuation agreement to which it relates.

(2) The declaration must be signed by at least one of the parties to the de facto relationship. For this purpose, if a party has died the party’s legal personal representative may sign the declaration.

(3) The declaration must state:

(a) that the parties lived in a de facto relationship, but are separated, at the declaration time; or

(b) if either or both of the parties to the de facto relationship have died—that the parties lived in a de facto relationship, but were separated at the most recent time when both parties were alive.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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