MARRIED WOMEN ORDINANCE

MARRIED WOMEN ORDINANCE

CHAPTER 184.

MARRIED WOMEN.

To amend the law relating to the capacity, property and
liabilities of married women and the liabilities of
husbands.
[2oth March, 1936.]

1. This Ordinance may be cited as the Married Women
Ordinance.

2. Subject to the provisions of this Ordinance and
subject, as respects actions in tort between husband and wife,
to the provisions of section 9 of the Married Women's
Property Ordiriance, a married woman shall-
(a)be capable of acquiring, holding and disposing of,
any property; and
(b)be capable of rendering herself, and being rendered,
liable in respect of any tort, contract, debt or
obligation; and
(c)be capable of suing and being sued, either in tort
or in contract or otherwise; and
(d)be subject to the law relating to bankruptcy aiid to
the enforcement of judgments and orders,
in all respects as if she were a feme sole.

3. Subject to the provisions of this Ordinance all
property which-
(a)immediately before the passing of this Ordinance
was the separate property of a married woman or
held for her separate use in equity; or
(b)belongs at the time of her marriage to a woman
married after the passing of this Ordinance; or
(c)after the passing of this Ordinance is acquired by
by or devolves upon a married woman,
shall belong to her in all respects as if she were a feme sole
and may be disposed of accordingly : Provided that nothing
in this subsection shall interfere with or render inoperative
any restriction upon anticipation or alienation attached to
the enjoyment of any property by virtue of any provision
attaching such restriction contained in any enactment passed
before the passing of this Ordinance, or in any instrument
executed before the commencement of this Ordinance.





(2) Any instrument executed after the commencement
of this Ordinance shall, in so far as it purports to attach to
the enjoyment of any property by a woman any restriction
upon anticipation or alienation which could not have been
attached to the enjoyment of that property by a man, be
void.

(3) For the purposes of the provisions of this section
relating to restrictions upon anticipation or alienation-
(a)an instrument attaching such a restriction as
aforesaid executed after the commencement of this
Ordinance in pursuance of an obligation imposed
before such commencement to attach such a restric
tion shall be deemed to have been executed before
such commencement;
(b)a provision contained in an instrument made in
exercise of a special power of appointment shall be
deemed to be contained in that instrument only and
not in the instrument by which the power was
created; and
(c)the will of any testator who dies after the 31st day of
December, 1945, shall (notwithstanding the actual
date of the execution thereof) be deemed to have
been executed after the commencement of this
Ordinance.

4. Subject to the provisions of this Ordinance, the
husband of a married. woman shall not, by reason only of
his being her husband, be liable-
(a)in respect of any tort committed by her whether
before or after the marriage, or in respect of any
contract, entered into, or debt or obligation incurred,
by her before the marriage; or
(b)to be sued, or made a party to any legal proceeding
brought in respect of any tort, contract, debt or
obligation.

5. (1) Nothing in this Ordinance shall-
(a)during coverture which began before the ist day
of January, 1883, affect any property to which the
title (whether vested or contingent, and whether in
possession, reversion, or remainder) of a married
woman accrued before that date, except property
held for her separate use in equity;





(b)affect any legal proceeding in respect of any tort if
proceedings had been instituted in respect thereof
before the passing of this Ordinance;
(c)enable any judgment or order against a married
woman in respect of a contract entered into or debt
or obligation incurred, before the passing of this
Ordinance, to be enforced in bankruptcy or to be
enforced otherwise than against her property.

(2) For the avoidance of doubt it is hereby declared that
nothing in this Ordinance-
(a)renders the husband of a married woman liable in
respect of any contract entered into, or debt or
obligation incurred, by her after the marriage in
respect of which he would not have been liable if
this Ordinance had not been passed;
(b)exempts the husband of a married woman from
liability in respect of any contract entered into, or
debt or obligation (not being a debt or obligation
arising out of the commission of a tort) incurred, by
her after the marriage in respect of which he would
have been liable if this Ordinance had not been
passed ;
(c)prevents a husband and wife from acquiring, hold-
ing, aiid disposing of, any property jointly or as
tenants in common, or from rendering themselves,
or being rendered, jointly liable in respect of any
tort, contract, debt or obligation, and of suing and
being sued either in tort or in contract or otherwise,
in like manner as if they were not married;
(d)prevents the exercise of any joint power given to a
husband and wife.
19 of 1936. Short title. Capacity of married women. 25 & 26 Geo. 5, c. 30, s. 1. (Cap. 183.) Property of married women. 25 & 26 Geo. 5, c. 30, s. 2. Abolition of husband's liability for wife's torts and antenuptial contracts, debts and obligations. 25 & 26 Geo. 5, c. 30, s. 3. Saving. 25 & 26 Geo. 5, c. 30, s. 4. [s. 5 cont.]

19 of 1936. Short title. Capacity of married women. 25 & 26 Geo. 5, c. 30, s. 1. (Cap. 183.) Property of married women. 25 & 26 Geo. 5, c. 30, s. 2. Abolition of husband's liability for wife's torts and antenuptial contracts, debts and obligations. 25 & 26 Geo. 5, c. 30, s. 3. Saving. 25 & 26 Geo. 5, c. 30, s. 4. [s. 5 cont.]

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