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LAW REFORM (HUSBAND AND WIFE) ACT (NORTHERN IRELAND) 1964 - SECT 3

Extension of s.17 of Married Women's Property Act.

3.(1) Any right of a wife, under section 17 of the
Married Women's Property Act 1882 to apply to a judge of the High Court or of
a county court, in any question between husband and wife as to the title to or
possession of property, shall include the right to make such an application
where it is claimed by the wife that her husband has had in his possession or
under his control

(a)money to which, or to a share of which, she was beneficially entitled
(whether by reason that it represented the proceeds of property to which, or
to an interest in which, she was beneficially entitled, or for any other
reason); or

(b)property (other than money) to which, or to an interest in which, she was
beneficially entitled;

(2) Where, on an application made to a judge of the High Court or of a county
court under the said section 17 the judge is satisfied

(a)that the husband has had in his possession or under his control money or
other property as mentioned in paragraph (a) or paragraph (b) of subsection
(1); and

(b)that he has not made to the wife, in respect of that money or other
property, such payment or disposition as would have been just and equitable in
the circumstances;

(3) Where subsection (2) applies, the power to make orders under the said
section 17 shall include power for the judge to order the husband to pay to
the wife

(a)in a case falling within paragraph (a) of subsection (1), such sum in
respect of the money to which the application relates, or the wife's share
thereof, as the case may be; or

(b)in a case falling within paragraph (b) of subsection (1), such sum in
respect of the value of the property to which the application relates, or the
wife's interest therein, as the case may be;

(4) Where on an application under the said section 17 it appears to the judge
that there is any property which

(a)represents the whole or part of the money or property in question; and

(b)is property in respect of which an order could have been made under that
section if an application had been made by the wife thereunder in a question
as to the title to or possession of that property;

(5) The preceding provisions of this section shall have effect in relation to
a husband as they have effect in relation to a wife, as if any reference to
the husband were a reference to the wife and any reference to the wife were a
reference to the husband.

(6) Any power of a judge under the said section 17 to direct inquiries or give
any other directions in relation to an application under that section shall be
exercisable in relation to an application made under that section as extended
by this section; and the provisos to that section (which relate to appeals and
other matters) shall apply in relation to any order made under the said
section 17 as extended by this section as they apply in relation to an order
made under that section apart from this section.

(7) For the avoidance of doubt it is hereby declared that any power conferred
by the said section 17 to make orders with respect to any property includes
power to order a sale of the property ....

© 1964 Crown Copyright

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