Victorian Current Acts Victorian Current ActsS. 38(1) amended by No. 4/2009 s. 18(1).
(1) The terms of a relationship agreement requiring a domestic partner or caring partner to pay periodic maintenance to the other partner are—
(a) on the death of the first-mentioned partner, unenforceable against his or her estate, unless the agreement provides otherwise; and
(b) on the death of the second-mentioned partner, unenforceable by his or her estate.
(2) Subsection (1) does not affect the recovery of arrears of periodic maintenance due and payable under a relationship agreement at the date of death of either partner.
S. 38(3) amended by No. 4/2009 s. 18(2).
(3) Unless a relationship agreement provides
otherwise, the terms of the agreement entered into by domestic partners or
caring partners relating to property and lump sum payments are, on the death
of one of the partners, enforceable on behalf of, or against, the estate of
the deceased partner.
Part 3.3—Property and maintenance
Division 1—Preliminary