s 48
In forceDeath of partner – effect on periodic maintenance under agreements
Part 3Cohabitation agreements and separation agreements
48 Death of partner – effect on periodic maintenance under agreements
(1)
The provisions of a cohabitation agreement or separation agreement requiring a de facto partner to pay periodic maintenance to the other de facto partner:
(a)
are, on the death of the first-mentioned partner, unenforceable against that partner's estate except to the extent that the agreement otherwise provides; and
(b)
are, on the death of the second-mentioned partner, unenforceable by that partner's estate.
(2)
Subsection (1) does not affect the right to recover arrears of periodic maintenance due and payable under an agreement at the time of a partner's death.
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