South Australian Numbered Acts

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STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006) - SECT 175

175—Amendment of section 4A—Putative spouses

Section 4A(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.



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