Section 63 — Property (Relationships) Act 1976: Surviving spouse or partner may not commence proceedings before making election

63 Surviving spouse or partner may not commence proceedings before making election A surviving spouse or partner may not apply under this Act for a division of the relationship property unless— (a) the surviving spouse or partner has first chosen option A; or (b) in the case of a surviving spouse or civil union partner, section 64 applies. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. The heading to section 63 was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” . Section 63 was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” in both places they appear. Paragraph (b) was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by inserting the words “ or civil union partner ” after the word “ spouse ” .