Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 43

43. Section 86 of the Principal Act is amended by inserting after sub-section
(3) the following sub-section:

''(3A) Where a maintenance agreement has been registered under sub-section
(1), then-

   (a)  unless the agreement otherwise provides, the agreement (other than a
        provision in the agreement providing for the payment by way of
        maintenance of a periodic sum) continues to operate notwithstanding
        the death of a party to the agreement and operates in favour of, and
        is binding on, the legal personal representative of that party; and

   (b)  if the agreement so provides, a provision in the agreement providing
        for the payment to a person by way of maintenance of a periodic sum
        continues to operate notwithstanding the death of any party to the
        agreement who is liable to make payments pursuant to that provision
        and is binding on the legal personal representative of that party but,
        notwithstanding any provision in the agreement, does not continue to
        operate after the death of the person who is entitled to receive those
        payments.''.