Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 82

Cessation of spousal maintenance orders

             (1)  An order with respect to the maintenance of a party to a marriage ceases to have effect upon the death of the party.

             (2)  Subject to subsection (3), an order with respect to the maintenance of a party to a marriage ceases to have effect upon the death of the person liable to make payments under the order.

             (3)  Subsection (2) does not apply in relation to an order made before the date of commencement of section 38 of the Family Law Amendment Act 1983 if the order is expressed to continue in force throughout the life of the person for whose benefit the order was made or for a period that had not expired at the time of the death of the person liable to make payments under the order and, in that case, the order is binding upon the legal personal representative of the deceased person.

             (4)  An order with respect to the maintenance of a party to a marriage ceases to have effect upon the re-marriage of the party unless in special circumstances a court having jurisdiction under this Act otherwise orders.

             (6)  Where a re-marriage referred to in subsection (4) takes place, it is the duty of the person for whose benefit the order was made to inform without delay the person liable to make payments under the order of the date of the re-marriage.

             (7)  Any moneys paid in respect of a period after the event referred to in subsection (4) may be recovered in a court having jurisdiction under this Act.

             (8)  Nothing in this section affects the recovery of arrears due under an order at the time when the order ceased to have effect.



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