Section 10D — Property (Relationships) Act 1976: Proceedings

10D Proceedings (1) If proceedings under this Act, or to which this Act applies, are commenced while both spouses or partners are alive, and 1 of them dies, or they both die, before the proceedings are completed, the proceedings continue under this Act, except sections 61 to 95 . (2) Nothing in subsection (1) prevents any proceedings from being discontinued. (3) If a surviving spouse or partner chooses, under section 61 , to apply under this Act for a division of the relationship property,— (a) sections 76 to 78 apply to the proceedings; and (b) sections 2 to 53A apply to the proceedings, but some of those sections are modified or affected by sections 79 to 94 . Part 3 (comprising sections 10A to 10D) was inserted, as from 1 February 2002, by section 16 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (1) was amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” . Subsection (3) was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” .