No. 5/1957:

MARRIED WOMEN'S STATUS ACT, 1957

ARRANGEMENT OF SECTIONS

1 Application of Act.

2 Capacity of married women.

3 Property of married women.

4 Joint capacity of husband and wife.

5 Property rights of husband and wife.

6 Abolition of restraint upon anticipation.

7 Insurance for benefit of spouse or children.

8 Contracts for benefit of spouse, or children.

9 Criminal proceedings for protection of property of married persons.

10 Wife's antenuptial debts and liabilities.

11 Abolition of husband's liability for wife's torts, contracts, debts and obligations.

12 Determination of questions between husband and wife as to property.

13 Saving for settlements.

14 Breaches of trust by married women.

15 Will of married woman.

16 Power of attorney of married woman.

17 Savings as to pending proceedings and enforcement of certain judgements.

18 Gifts in fraud of creditors.

19 Consequential repeals.

20 Short title and commencement.

SCHEDULE

AN ACT TO CONSOLIDATE WITH AMENDMENTS THE LAW RELATING TO THE STATUS OF MARRIED WOMEN AND THE LIABILITIES OF HUSBANDS.

[30th April, 1957.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—Save where otherwise appears, this Act applies to persons whether married before or after the commencement of this Act.

2.—(1) Subject to this Act, a married woman shall—

( a ) be capable of acquiring, holding, and disposing (by will or otherwise) of, any property, and

( b ) be capable of contracting, and

( c ) be capable of rendering herself, and being rendered, liable in respect of any tort, contract, debt or obligation, and

( d ) be capable of suing and being sued, and

( e ) be subject to the law relating to bankruptcy and to the enforcement of judgements and orders,

as if she were unmarried.

(2) Subsection (1) shall apply as between a married woman and her husband in like manner as it applies as between her and any other person.

(3) A married woman may act as a trustee or personal representative as if she were unmarried.

(4) The provisions of the Settled Land Acts, 1882 to 1890, referring to a tenant for life and a settlement and settled land shall apply to a married woman as if she were unmarried.

(5) A married woman may be the protector of a settlement as if she were unmarried.

3.—All property which—

( a ) immediately before the commencement of this Act 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 such commencement, or

( c ) after such commencement is acquired by or devolves upon a married woman,

shall belong to her as if she were unmarried and may be disposed of accordingly.

4.—A husband and wife shall—

( a ) be capable of acquiring, holding and disposing of any property jointly or as tenants in common, and

( b ) be capable of rendering themselves, and being rendered, jointly liable in respect of any tort, contract, debt or obligation, and

( c ) be capable of suing and being sued, and

( d ) be capable of exercising any joint power given to them, in like manner as if they were not married.

5.—A husband and wife shall, for all purposes of acquisition of any property, under a disposition made or coming into operation after the commencement of this Act, be treated as two persons.

6.—A restriction upon anticipation or alienation attached (whether before or after the commencement of this Act) to the enjoyment of any property by a woman which could not have been attached to the enjoyment of that property by a man shall be of no effect.

7.—(1) This section applies to a policy of life assurance or endowment expressed to be for the benefit of, or by its express terms purporting to confer a benefit upon, the wife, husband or child of the insured.

(2) The policy shall create a trust in favour of the objects therein named.

(3) The moneys payable under the policy shall not, so long as any part of the trust remains unperformed, form part of the estate of the insured or be subject to his or her debts.

(4) If it is proved that the policy was effected and the premiums paid with intent to defraud the creditors of the insured, they shall be entitled to receive, on account of their debts, payment out of the moneys payable under the policy, so, however, that the total amount of such payments shall not exceed the amount of the premiums so paid.

(5) The insured may by the policy, or by any memorandum under his or her hand, appoint a trustee or trustees of the moneys payable under the policy, and may from time to time appoint a new trustee or new trustees thereof, and may make provision for the appointment of a new trustee or trustees thereof and for the investment of the moneys payable under the policy.

(6) In default of any such appointment of a trustee, the policy, immediately on its being effected, shall vest in the insured and his or her legal personal representatives in trust for the purposes aforesaid.

(7) The receipt of a trustee or trustees duly appointed or, in default either of any such appointment or of notice thereof to the insurer, the receipt of the legal personal representative of the insured shall be a good discharge to the insurer for any sum paid by him under the policy.

(8) In this section "child" includes stepchild, illegitimate child, adopted person (within the meaning of the Adoption Act, 1952 (No. 25 of 1952)), and a person to whom the insured is in loco parentis.

(9) This section applies whether the policy was effected before or after the commencement of this Act.

8.—(1) Where a contract (other than a contract to which section 7 applies) is expressed to be for the benefit of, or by its express terms purports to confer a benefit upon, a third person being the wife, husband or child of one of the contracting parties, it shall be enforceable by the third person in his or her own name as if he or she were a party to it.

(2) The right conferred on a third person by this section shall be subject to any defence that would have been valid between the parties to the contract.

(3) Unless the contract otherwise provides, it may be rescinded by agreement of the contracting parties at any time before the third person has adopted it either expressly or by conduct.

(4) This section applies whether the contract was made before or after the commencement of this Act.

(5) In this section, "child" includes stepchild, illegitimate child, adopted person (within the meaning of the Adoption Act, 1952 (No. 25 of 1952) ), and a person to whom the contracting party is in loco parentis.

9.—(1) Subject to subsection (3), every married woman shall have in her own name against all persons whomsoever, including her husband, the same remedies and redress by way of criminal proceedings for the protection and security of her property as if she were unmarried.

(2) Subject to subsection (3), a husband shall have against his wife the same remedies and redress by way of criminal proceedings for the protection and security of his property as if she were not his wife.

(3) No criminal proceedings concerning any property claimed by one spouse (in this subsection referred to as the claimant) shall, by virtue of subsection (1) or subsection (2), be taken by the claimant against the other spouse while they are living together, nor, while they are living apart, concerning any act done while living together by the other spouse, unless such property was wrongfully taken by the other spouse when leaving or deserting or about to leave or desert the claimant.

(4) In any criminal proceedings to which this section relates brought against one spouse, the other spouse may, notwithstanding anything to the contrary in any enactment or rule of law, be called as a witness either for the prosecution or defence and without the consent of the person charged.

(5) In any indictment or process grounding criminal proceedings in relation to the property of a married woman, it shall be sufficient to allege the property to be her property.

10.—A woman after her marriage shall continue to be liable for all debts contracted and all contracts entered into or torts committed by her before her marriage, including any sums for which she may be liable as contributory, either before or after she has been placed on the list of contributories under and by virtue of the Companies (Consolidation) Act, 1908, and she may be sued for any such debt and for any liability in damages or otherwise under any such contract or in respect of any such tort.

11.—(1) The husband of a woman shall not, by reason only of his being her husband,—

( a ) be liable in respect of any tort committed by her, whether before or after the marriage, or

( b ) be sued, or made a party to any legal proceedings brought, in respect of any such tort, or

( c ) be liable in respect of any contract entered into, or debt or obligation incurred by her before the marriage, or

( d ) be liable in respect of any contract entered into, or debt or obligation incurred by her (otherwise than as agent) after the marriage, or

( e ) be sued, or made a party to any legal proceedings brought, in respect of any such contract, debt or obligation.

(2) Notwithstanding subsection (1), where alimony has been ordered by a court to be paid and has not been duly paid by the husband, he shall be liable for necessaries supplied for the use of the wife.

12.—(1) This section applies to the determination of any question arising between husband and wife as to the title to or possession of any property.

(2) Either party or any person concerned may apply in a summary way to the High Court or (at the option of the applicant irrespective of the value of the property in dispute) to the Circuit Court to determine the question and the Court may make such, order, with respect to the property in dispute and as to the costs consequent on the application, as the Court thinks proper.

(3) Where the value of the personal property (other than chattels real) exceeds £2,000 or the rateable valuation of the land exceeds £60 and the application is made to the Circuit Court, that Court shall, if a defendant or respondent so requires, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the High Court.

(4) If either party so requests, the Court may hear the application in private.

(5) In any proceedings under this section, a person (other than the husband or wife) who is a party thereto shall, for the purposes of costs or otherwise, be treated as a stakeholder only.

(6) The provisions of this section are without prejudice to the rights conferred by section 2.

13.—(1) Subject to section 6 and to subsection (2) of this section, nothing in this Act shall interfere with or invalidate any settlement or agreement for a settlement made or to be made, whether before or after marriage, respecting the property of a married woman, but no settlement or agreement for a settlement shall have any greater force or validity against creditors of such woman than a like settlement or agreement for a settlement made by a man would have against his creditors.

(2) ( a ) The provisions of this subsection shall have effect in relation to a settlement or agreement for a settlement made on or after the 1st day of January, 1908, whether before or after marriage, by the husband or intended husband, respecting the property of any woman he may marry or have married.

( b ) It shall not be valid unless it was or is executed by her if of full age or, if she was or is not of full age, confirmed by her after she attains full age.

( c ) If she dies an infant, any covenant or disposition by her husband contained in the settlement or agreement for a settlement shall bind or pass any interest in any property of hers to which he may become entitled on her death and which he could have bound or disposed of if the Married Women's Property Act, 1907, and this Act had not been passed.

( d ) Nothing in this subsection shall render invalid any settlement or agreement for a settlement made or to be made under the provisions of the Infants Settlements Act, 1855.

14.—The provisions of this Act as to the liabilities of married women shall extend to any liability arising out of a breach of trust or devastavit committed by a married woman, whether before or after her marriage, in her capacity as trustee or personal representative and her husband shall not, by reason only of his being her husband, be liable in respect thereof.

15.—Section 24 (which provides for the cases in which a will is to be construed as speaking from the death of the testator) of the Wills Act, 1837, shall apply to the will of a married woman made during coverture whether she is or is not possessed of or entitled to any property at the time of making it and such will shall not require to be re-executed or republished after the death of her husband.

16.—A married woman, whether an infant or not, shall have power, as if she were unmarried and of full age, by deed, to appoint an attorney on her behalf for the purpose of executing any deed or doing any other act which she might herself execute or do; and the provisions of the Conveyancing Acts, 1881 to 1911, relating to instruments creating powers of attorney shall apply thereto.

17.—(1) Nothing in this Act shall affect any legal proceedings in respect of any tort if proceedings in respect thereof had been instituted before the commencement of this Act.

(2) Nothing in this Act shall enable any judgement or order against a married woman in respect of a contract entered into, or debt or obligation incurred before the commencement of this Act, to be enforced in bankruptcy or to be enforced otherwise than against her property.

18.—(1) Nothing in this Act shall be construed as validating, as against creditors of the husband, any gift, by a husband to his wife, of any property which, after such gift, continues to be in the order or disposition or reputed ownership of the husband or any deposit or other investment of moneys of the husband made by or in the name of his wife in fraud of his creditors, and any such moneys so deposited or invested may be followed as if this Act had not been passed.

(2) Nothing in this Act shall be construed as validating, as against creditors of the wife, any gift, by a wife to her husband, of any property which, after such gift, continues to be in the order or disposition or reputed ownership of the wife or any deposit or other investment of moneys of the wife made by or in the name of her husband in fraud of her creditors, and any such moneys so deposited or invested may be followed as if this Act had not been passed.

19.—The enactments mentioned in the Schedule are hereby repealed to the extent specified in the third column.

20.—(1) This Act may be cited as the Married Women's Status Act, 1957 .

(2) This Act shall come into operation on the first day of June, 1957.

Section 19.

SCHEDULE

ENACTMENTS REPEALED