Australian Capital Territory Numbered Acts

CIVIL PARTNERSHIPS ACT 2008 (NO. 14 OF 2008) - SECT 10

    (1)     If a party to a civil partnership wishes, or both parties to a civil partnership wish, to terminate the civil partnership, the party (or parties) may give the registrar-general a written notice of intention to terminate the civil partnership (a termination notice ).

Note 1     A fee may be determined under s 18 for this provision.

Note 2     If a form is approved under s 19 for a notice, the form must be used.

    (2)     However, if the termination notice is given by only 1 party, the notice is effective only if—

        (a)     a copy of the termination notice has been served personally on the other party; and

        (b)     a statutory declaration is given to the registrar-general with the termination notice that—

              (i)     is made by the person who served the termination notice; and

              (ii)     states that the termination notice was served personally by the person on the other party on the date stated in the statutory declaration.

Note     For provision about service of notices, see s 14.

    (3)     The termination notice may be withdrawn by written notice (a withdrawal notice ) given to the registrar-general by the party (or parties) who gave the notice, before the end of 12 months after the day the termination notice was given to the registrar-general.

Note 1     If a form is approved under s 19 for a notice, the form must be used.

Note 2     A fee may be determined under s 18 for this provision.

    (4)     However, if the withdrawal notice is given by only 1 party, the notice is effective to withdraw the termination notice only if—

        (a)     a copy of the withdrawal notice has been served personally on the other party; and

        (b)     a statutory declaration is given to the registrar-general with the withdrawal notice that—

              (i)     is made by the person who served the withdrawal notice; and

              (ii)     states that the withdrawal notice was served personally by the person on the other party on the date stated in the statutory declaration.

Note     For provision about service of notices, see s 14.

    (5)     At the end of 12 months after the day the termination notice is given to the registrar-general in accordance with this section, the civil partnership is terminated unless—

        (a)     the termination notice has been withdrawn under this section; or

        (b)     the Supreme Court makes an order that the termination notice is not effective to terminate the civil partnership; or

        (c)     the operation of the termination notice is stayed under subsection (7); or

        (d)     the civil partnership has already terminated under section 9 (1).

    (6)     On application by a party to the civil partnership, the Supreme Court may make an order mentioned in subsection (5) (b) if the court considers that it is not the intention, or is no longer the intention, of the party or parties who gave the termination notice to terminate the civil partnership.

    (7)     If an application mentioned in subsection (6) has been made but not decided before the end of 12 months after the day the termination notice is given, the application stays the operation of the termination notice until the application is decided.

    (8)     If the Supreme Court makes an order mentioned in subsection (5) (b), the court must give a copy of the order to the registrar-general.