Family Proceedings Act 1980

Maintenance of spouses and de facto partners

60: Interpretation

You could also call this:

"What special words mean in this law"

Illustration for Family Proceedings Act 1980

In this part of the law, you need to know what some words mean. A de facto partner and de facto relationship have the same meaning as in section 2 of the Property (Relationships) Act 1976. You are in a de facto relationship with someone you live with like you are married. When the law talks about a child of a de facto relationship, it means a child of both partners. It also includes any child who was part of the family when the partners stopped living together. The law also talks about marriage and civil union in the same way. It includes marriages or civil unions that are not valid. When the law talks about a marriage or civil union ending, it includes when a court says a marriage or civil union was never valid from the start.

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Part 6Maintenance of spouses and de facto partners

60Interpretation

  1. In this Part, unless the context otherwise requires, de facto partner and de facto relationship have the same meaning as in section 2 of the Property (Relationships) Act 1976.

  2. In this Part, unless the context otherwise requires, child of the de facto relationship,—

  3. means a child of both de facto partners; and
    1. includes, in relation to any proceedings under this Part, a child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners at the time when they ceased to live together or at the time immediately before the institution of the proceedings, whichever occurred first.
      1. In this Part,—

      2. a reference to a marriage or civil union includes a reference to a void marriage or civil union; and
        1. a reference to the dissolution of a marriage or civil union includes a reference to an order declaring a marriage or civil union to be void ab initio.
          Notes
          • Section 60: replaced, on , by section 7 of the Family Proceedings Amendment Act 2001 (2001 No 7).
          • Section 60(3)(a): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
          • Section 60(3)(b): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).