WESA #13 – Definition of Spouse To Be Changed to Eliminate Two Year Limitation For Wills Variation Actions
Please ignore my recent blog on the effect of WESA and the Wills Variation act. It was no sooner written than the law is about to be changed.
51 Section 2 (2) is repealed and the following substituted:
(2) Two persons cease being spouses of each other for the purposes of this Act if,
(a) in the case of a marriage, an event occurs that causes an interest in family property, as defined in Part 5 [Property Division] of the Family Law Act, to arise, or
(b) in the case of a marriage-like relationship, one or both persons terminate the relationship.
(2.1) For the purposes of this Act, spouses are not considered to have separated if, within one year after separation,
(a) they begin to live together again and the primary purpose for doing so is to reconcile, and
(b) they continue to live together for one or more periods, totalling at least 90 days.