Where a maintenance agreement provides for the continuation of payments under the agreement after the death of one of the parties, the surviving party or the personal representative of the deceased party may apply to the High Court for an order under Section 35 of the Matrimonial Causes Act 1973.
An application shall not except with the permission of the High Court be made after the end of the period of six months from the date on which representation in regard to the estate of the deceased is first taken out.
If a maintenance agreement is altered by a court on an application made pursuant to section 36 (1) of the Matrimonial Causes Act 1973, the like consequences shall ensue as if the alteration had been made immediately before the death by agreement between the parties and for valuable consideration.
The provision of this section shall not render the personal representative of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the period of six months on the ground that they ought to have taken into account the possibility that a court might permit an application by virtue of section 36 made to be made by the surviving party after that period; but this section 36(5) shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this section.