Till Death Do Us Part

Family Law Matters can be a difficult and stressful experience for parties who are are trying to resolve their property settlement, following the breakdown of their relationship. However, this experience could become more difficult if one of the parties were to unexpectedly pass away.

If the parties were trying to negotiate a settlement outside of court and yet to file an application with Federal Circuit and Family Court of Australia at the time of the party’s passing, then the Court has no jurisdiction to make any orders on the matter.

However, if an application had already been filed and the parties’ Family Law proceedings were already on foot, then the proceedings can continue by or against the personal representative (usually the party’s executor of their estate) of the deceased party. However, the judgement rendered by the judge may be different to the orders that they would have made if all the parties were still alive at judgement.

While property settlement matters may be allowed to continue in the Courts, this does not apply to spousal maintenance and de facto maintenance proceedings. Additionally, any existing maintenance orders that are already in effect will cease upon the passing of a party.

If you are otherwise unsure about the contents of this article or require more information on the above, please contact Nevine Youssef at nyoussef@marsdens.net.au or by phoning 02 4626 5077.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.