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Who is considered a spouse under the intestate succession laws in Australia?

  • A spouse is defined as a person who:
    • was married to the deceased person immediately before their death; or
    • was in a domestic partnership with them immediately before their death.
  • A domestic partnership is defined under the law as either a:
    • registered relationship within the meaning of the Relationships Register Act 2010; or
    • a de facto relationship that has been in existence for a continuous period of 2 years or resulted in the birth of a child.

 

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