A Part VIIIAB financial agreement that is binding on the parties to the agreement continues to operate despite the death of a party to the agreement and operates in favour of, and is binding on, the legal personal representative of that party.
Note: If the parties are still in the de facto
relationship when one of them dies, the de facto
relationship is not taken to have broken down for the purposes of enforcing
the matters mentioned in the financial agreement (see the definition of
breakdown in subsection 4(1)).