(1) Where a maintenance agreement within the meaning of section 35 provides for the continuation of payments under the agreement after the death of one of the parties and that party dies domiciled in Saint Lucia, the surviving party or the personal representatives of the deceased party may, subject to subsection (2) and (3) apply to the Court for an order under section 36.
(2) An application under this section shall not, except with the permission of the Court, be made after the end of the period of 6 months from the date on which representation in regard to the estate of the deceased is first taken out.
(3) Where a maintenance agreement is altered by the Court on an application made under subsection (1), the like consequences shall ensue as if the alteration had been made immediately before the death by agreement between the parties.
(4) The provisions of this section shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the said period of 6 months on the ground that they ought to have taken into account the possibility that a Court might permit an application by virtue of this section to be made by the surviving party after that period; but this subsection 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.
(5) Section 29(9) shall apply for the purposes of subsection (2) as it applies for the purposes of section 29(6).