STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006) - SECT 160
STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006) - SECT 160
160—Amendment of section 7A—Putative spouses
Section 7A(1)—delete subsection (1) and substitute:
(1) For the purposes
of this Act, a person is, on a certain date, the
"putative spouse" of another person if—
(a) he
or she is, on that date, cohabiting with the other person as his or her wife
or husband de facto and—
(i)
the person—
(A) has been so cohabiting with the other
person continuously for the preceding period of 3 years; or
(B) has during the preceding period of 4
years so cohabited with the other person for periods aggregating not less than
3 years; or
(ii)
a child, of whom both persons are the parents, has been
born (whether or not the child is still living); or
(b)
where the 2 persons are of the same sex—he or she is, on that date,
cohabiting with the other person in a relationship that has the distinguishing
characteristics of a relationship between a married couple (except for the
characteristics of different sex and legally recognised marriage and other
characteristics arising from either of those characteristics) and the
person—
(i)
has been so cohabiting with the other person continuously
for the preceding period of 3 years; or
(ii)
has during the preceding period of 4 years so cohabited
with the other person for periods aggregating not less than 3 years.