51Effect of death of party to relationship—periodic maintenance

#### 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. > > **s 51:** Am 1999 No 4, Sch 1 \[12\] \[31\] \[32\] \[36\]–\[38\].