sec.5AAWho is a person’s spouse

### sec.5AA Who is a person’s spouse Generally, a person’s spouse is the person’s— husband or wife; or de facto partner, as defined in the Acts Interpretation Act 1954 (the AIA ), section 32DA ; or civil partner, as defined in the AIA , schedule 1 . However, a person is a spouse of a deceased person only if, on the deceased’s death— the person was the deceased’s husband or wife; or the following applied to the person— the person was the deceased’s de facto partner, as defined in the AIA , section 32DA ; the person and the deceased had lived together as a couple on a genuine domestic basis within the meaning of the AIA , section 32DA for a continuous period of at least 2 years ending on the deceased’s death; or the person was the deceased’s civil partner; or for part 4 , the person was— a person mentioned in paragraph (a) , (b) or (ba) ; or the deceased’s dependant former husband or wife or civil partner.a Subsection (2) applies— despite the AIA , section 32DA (6) and schedule 1 , definition spouse ; and whether the deceased died testate or intestate. In this section— dependent former husband or wife or civil partner , of a deceased person, means— a person who— was divorced by or from the deceased at any time, whether before or after the commencement of this Act; and had not remarried or entered into a civil partnership with another person before the deceased’s death; and was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased; or a person who— was in a civil partnership with the deceased that was terminated under the Civil Partnerships Act 2011 , section 19 ; and had not married or entered into another civil partnership before the deceased’s death; and was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased. s 5AA ins 2002 No. 74 s 79 amd 2011 No. 46 s 85 ; 2012 No. 12 s 55 ; 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2015 No. 33 s 49 ; 2017 No. 17 s 243 (sec.5AA-ssec.1) Generally, a person’s spouse is the person’s— husband or wife; or de facto partner, as defined in the Acts Interpretation Act 1954 (the AIA ), section 32DA ; or civil partner, as defined in the AIA , schedule 1 . (sec.5AA-ssec.2) However, a person is a spouse of a deceased person only if, on the deceased’s death— the person was the deceased’s husband or wife; or the following applied to the person— the person was the deceased’s de facto partner, as defined in the AIA , section 32DA ; the person and the deceased had lived together as a couple on a genuine domestic basis within the meaning of the AIA , section 32DA for a continuous period of at least 2 years ending on the deceased’s death; or the person was the deceased’s civil partner; or for part 4 , the person was— a person mentioned in paragraph (a) , (b) or (ba) ; or the deceased’s dependant former husband or wife or civil partner.a (sec.5AA-ssec.3) Subsection (2) applies— despite the AIA , section 32DA (6) and schedule 1 , definition spouse ; and whether the deceased died testate or intestate. (sec.5AA-ssec.4) In this section— dependent former husband or wife or civil partner , of a deceased person, means— a person who— was divorced by or from the deceased at any time, whether before or after the commencement of this Act; and had not remarried or entered into a civil partnership with another person before the deceased’s death; and was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased; or a person who— was in a civil partnership with the deceased that was terminated under the Civil Partnerships Act 2011 , section 19 ; and had not married or entered into another civil partnership before the deceased’s death; and was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased. - (a) husband or wife; or - (b) de facto partner, as defined in the Acts Interpretation Act 1954 (the AIA ), section 32DA ; or - (c) civil partner, as defined in the AIA , schedule 1 . - (a) the person was the deceased’s husband or wife; or - (b) the following applied to the person— (i) the person was the deceased’s de facto partner, as defined in the AIA , section 32DA ; (ii) the person and the deceased had lived together as a couple on a genuine domestic basis within the meaning of the AIA , section 32DA for a continuous period of at least 2 years ending on the deceased’s death; or - (i) the person was the deceased’s de facto partner, as defined in the AIA , section 32DA ; - (ii) the person and the deceased had lived together as a couple on a genuine domestic basis within the meaning of the AIA , section 32DA for a continuous period of at least 2 years ending on the deceased’s death; or - (ba) the person was the deceased’s civil partner; or - (c) for part 4 , the person was— (i) a person mentioned in paragraph (a) , (b) or (ba) ; or (ii) the deceased’s dependant former husband or wife or civil partner.a - (i) a person mentioned in paragraph (a) , (b) or (ba) ; or - (ii) the deceased’s dependant former husband or wife or civil partner.a - (i) the person was the deceased’s de facto partner, as defined in the AIA , section 32DA ; - (ii) the person and the deceased had lived together as a couple on a genuine domestic basis within the meaning of the AIA , section 32DA for a continuous period of at least 2 years ending on the deceased’s death; or - (i) a person mentioned in paragraph (a) , (b) or (ba) ; or - (ii) the deceased’s dependant former husband or wife or civil partner.a - (a) despite the AIA , section 32DA (6) and schedule 1 , definition spouse ; and - (b) whether the deceased died testate or intestate. - (a) a person who— (i) was divorced by or from the deceased at any time, whether before or after the commencement of this Act; and (ii) had not remarried or entered into a civil partnership with another person before the deceased’s death; and (iii) was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased; or - (i) was divorced by or from the deceased at any time, whether before or after the commencement of this Act; and - (ii) had not remarried or entered into a civil partnership with another person before the deceased’s death; and - (iii) was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased; or - (b) a person who— (i) was in a civil partnership with the deceased that was terminated under the Civil Partnerships Act 2011 , section 19 ; and (ii) had not married or entered into another civil partnership before the deceased’s death; and (iii) was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased. - (i) was in a civil partnership with the deceased that was terminated under the Civil Partnerships Act 2011 , section 19 ; and - (ii) had not married or entered into another civil partnership before the deceased’s death; and - (iii) was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased. - (i) was divorced by or from the deceased at any time, whether before or after the commencement of this Act; and - (ii) had not remarried or entered into a civil partnership with another person before the deceased’s death; and - (iii) was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased; or - (i) was in a civil partnership with the deceased that was terminated under the Civil Partnerships Act 2011 , section 19 ; and - (ii) had not married or entered into another civil partnership before the deceased’s death; and - (iii) was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased.