Can you please have all of the Separation Declarations in Family Law Financial Agreements updated in accordance with legislation to read:
“OTHER PARTY NAME and I have separated and thereafter lived separately and apart for a continuous period of at least 12 months immediately before the time of signing this declaration;”
Best answer by LindaLee
Hi Jasmine,
We go off s90XP if the parties are married and s90YV for de factos, which specifies the “...12 months prior to the date of signing...” and for this reason a lot of firms are now including that in the seperation declaration.
We once had a Trustee for a Super Co. deny the Super transfer until we changed that wording.
:)
Hi
(4) The declaration must state that:
(a) the spouse parties have separated and are living separately and apart at the declaration time; and
(b) in the opinion of the spouse parties making the declaration, there is no reasonable likelihood of cohabitation being resumed.
Thank you!
Jasmine
Hi Jasmine,
We go off s90XP if the parties are married and s90YV for de factos, which specifies the “...12 months prior to the date of signing...” and for this reason a lot of firms are now including that in the seperation declaration.
We once had a Trustee for a Super Co. deny the Super transfer until we changed that wording.
:)
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