New South Wales Consolidated Acts
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PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 51
Effect of death of party to relationship--periodic maintenance
51 Effect of death of party to relationship--periodic maintenance
(1) The provisions of a domestic relationship agreement or
termination agreement requiring a party to a domestic relationship to pay
periodic maintenance to the other party to the relationship shall, on the
death of the firstmentioned party to the relationship, except in so far as the
domestic relationship agreement or termination agreement otherwise provides,
be unenforceable against his or her estate.
(2) The provisions of a
domestic relationship agreement or termination agreement requiring a party to
the relationship to pay periodic maintenance to the other party to the
relationship shall, on the death of the party entitled to such payments, be
unenforceable by his or her estate.
(3) Nothing in subsection (1) or (2)
affects the recovery of arrears of periodic maintenance due and payable under
a domestic relationship agreement or termination agreement at the date of
death of either party.
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