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Civil Proceedings Act 2011
sec.63Meaning of spouse
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### sec.63 Meaning of spouse
For this part, the spouse of a deceased person includes a de facto partner of the deceased only if the deceased and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA —
generally—
for a continuous period of at least 2 years ending on the deceased’s death; or
for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or
if the deceased left a dependant who is a child of the relationship—immediately before the deceased’s death.
In this section—
child of the relationship means a child of the deceased person and the de facto partner, and includes a child born after the deceased’s death.
dependant , of a deceased person, includes a child born after the deceased’s death who would have been wholly or partially dependent on the deceased’s earnings after the child’s birth if the deceased had not died.
(sec.63-ssec.1) For this part, the spouse of a deceased person includes a de facto partner of the deceased only if the deceased and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA — generally— for a continuous period of at least 2 years ending on the deceased’s death; or for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or if the deceased left a dependant who is a child of the relationship—immediately before the deceased’s death.
(sec.63-ssec.2) In this section— child of the relationship means a child of the deceased person and the de facto partner, and includes a child born after the deceased’s death. dependant , of a deceased person, includes a child born after the deceased’s death who would have been wholly or partially dependent on the deceased’s earnings after the child’s birth if the deceased had not died.
- (a) generally— (i) for a continuous period of at least 2 years ending on the deceased’s death; or (ii) for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or
- (i) for a continuous period of at least 2 years ending on the deceased’s death; or
- (ii) for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or
- (b) if the deceased left a dependant who is a child of the relationship—immediately before the deceased’s death.
- (i) for a continuous period of at least 2 years ending on the deceased’s death; or
- (ii) for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or