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THE SCHEDULE Legal Proceedings and Actions to Which Section 36 Applies

Legislative History

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On 19/04/2014, you requested the version in force on 19/04/2014 incorporating all amendments published on or before 19/04/2014. The closest version currently available is that of 07/03/2014.
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Abolition of husband’s liability for wife’s torts and antenuptial contracts, debts and obligations
14.
—(1)  Subject to this section, 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 proceedings brought in respect of any such tort, contract, debt or obligation.
(2)  For the avoidance of doubt, it is hereby declared that nothing in this section —
(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 section had not been enacted;
(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 section had not been enacted;
(c)
prevents a husband and wife from acquiring, holding and 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 the like manner as if they were not married;
(d)
prevents the exercise of any joint power given to a husband and wife.
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