STAMP ACT 1921 - SECT 112UB
STAMP ACT 1921 - SECT 112UB
112UB . Application of Part IVD
(1) Sections 112UC and
112UD do not apply to or in relation to —
(a) an
order; or
(b) a
maintenance agreement between parties who are married to each other or have
been married to each other,
or in relation to an
instrument of conveyance or transfer of property pursuant to such an order or
agreement unless the parties referred to in the order or the agreement are
separated or divorced from each other.
(1a) Sections 112UC
and 112UD do not apply to or in relation to —
(a) an
order under Part 5A of the Family Court Act 1997 ; or
(b) a
maintenance agreement between de facto partners,
or in relation to an
instrument of conveyance or transfer of property pursuant to such an order or
agreement unless the de facto relationship between the de facto partners that
are referred to in the order or agreement has ended.
(2) Where —
(a) one
of the parties referred to in a maintenance agreement, an order, or an
instrument of conveyance or transfer effected pursuant to a maintenance
agreement or order is a person who is not entitled to or liable to provide
maintenance under the Family Court Act or the Family Law Act; and
(b) the
maintenance agreement, order, or instrument of conveyance or transfer in
addition to being a maintenance agreement, order, or instrument of conveyance
or transfer for the purposes of the Family Court Act or the Family Law Act
relates to one or more distinct matters between any party or parties other
than a person who is entitled to or liable to provide maintenance under the
Family Court Act or the Family Law Act which would, but for this Part, be
chargeable with duty,
the maintenance
agreement, order, or instrument of conveyance or transfer is chargeable with
duty in respect of those other matters in accordance with this Act other than
this Part.
(3) A statement in a
maintenance agreement to the effect that —
(a) the
parties to a marriage are separated or divorced from each other; or
(b) the
de facto relationship between de facto partners has ended,
is conclusive evidence
of the fact stated, in the absence of evidence to the contrary.
[Section 112UB inserted: No. 45 of 1982 s. 3;
amended: No. 25 of 2002 s. 52; No. 2 of 2003 s. 133.]