PART VI
RIGHTS AND DUTIES OF HUSBAND AND WIFE
Rights and duties
46. —(1) Upon the solemnization of marriage, the husband and the wife shall be mutually bound to co-operate with each other in safeguarding the interests of the union and in caring and providing for the children.
(2) The husband and the wife shall have the right separately to engage in any trade or profession or in social activities.
(3) The wife shall have the right to use her own surname and name separately.
(4) The husband and the wife shall have equal rights in the running of the matrimonial household.
Abolition of wife’s dependent domicile
47. —(1) Subject to subsection (2), the domicile of a married woman as at any time on or after 1st June 1981 shall, instead of being the same as her husband’s by virtue only of marriage, be ascertained by reference to the same factors as in the case of any other individual capable of having an independent domicile.
[26/80]
(2) Where immediately before 1st June 1981 a woman was married and then had her husband’s domicile by dependence, she is to be treated as retaining that domicile (as a domicile of choice, if it is not also her domicile of origin) unless it is changed by acquisition or revival of another domicile either on or after that date.
[26/80]
Conciliation Officers
48. —(1) The Minister may appoint such public officers as he thinks fit to be Conciliation Officers for the purposes of this Act and shall from time to time publish in the Gazette the names of the officers so appointed.
(2) Where there are differences between the parties to a marriage, the parties or either of them may refer the differences to a Conciliation Officer for his advice and assistance.
(3) A Conciliation Officer may by notice in writing require any party to a marriage to attend before him at any reasonable time and at any convenient place for the purposes of settling differences between the parties to the marriage and such person shall be legally bound to attend as required and to answer any questions relating to those differences, truthfully and to the best of his ability. [26/80]
Duty of judge to consider possibility of reconciliation
49. —(1) A court before which —
(a) proceedings for divorce or judicial separation;
(b) proceedings, instituted by a party to a subsisting marriage, under section 59, 65, 66 or 69,
are being heard shall consider, from time to time, the possibility of a reconciliation of the parties. [30/96]
(2) If, during such proceedings, it appears to the judge from the nature of the case, the evidence in the proceedings or the attitude of the parties that there is a reasonable possibility of a reconciliation of the parties, the judge may do all or any of the following:
(a) adjourn the proceedings to give the parties the opportunity to consider a reconciliation or to enable anything to be done in accordance with paragraph (b) or (c);
(b) with the consent of the parties, interview them in chambers, with or without their solicitors, as the judge thinks proper, to assist in a possible reconciliation; and
(c) nominate a Conciliation Officer or some other suitable person or organisation to assist in considering a possible reconciliation. [30/96]
(3) If, not less than 14 days after an adjournment under subsection (2), either of the parties requests that the hearing be proceeded with, the judge shall resume the hearing, or arrangements shall be made for the proceedings to be dealt with by another judge, as the case requires, as soon as practicable. [30/96]
(4) Where a judge has acted as conciliator under subsection (2)(b) but the attempt to effect a reconciliation has failed, the judge shall not, except at the request of the parties to the proceedings, continue to hear the proceedings, or determine the proceedings, and, in the absence of such a request, arrangements shall be made for the proceedings to be dealt with by another judge. [30/96]
(5) Evidence of anything said, or of any admission made, in the course of an endeavour to effect a reconciliation under this section shall not be admissible in any court. [30/96]
Court may refer parties for mediation or to attend counselling
50. —(1) A court before which any proceedings under this Act (other than proceedings under section 104) are being heard may give consideration to the possibility of a harmonious resolution of the matter and for this purpose may, with the consent of the parties, refer the parties for mediation by such person as the parties may agree or, failing such agreement, as the court may appoint. [30/96]
(2) A court before which any proceedings under this Act (other than proceedings under section 65 or 66) are being heard may, if it considers that it is in the interests of the parties or their children to do so, at any stage in the proceedings direct or advise either or both of the parties or their children to attend counselling provided by such person as the Minister may approve or as the court may direct. [30/96]
(3) Failure to comply with any direction or advice referred to in subsection (2) does not constitute a contempt of court. [30/96]
(4) Evidence of anything said, or of any admission made, in the course of any mediation or any counselling under this section shall not be admissible in any court. [30/96]
Capacity of married women
51. Subject to the provisions of this Act, a married woman shall —
(a) be capable of acquiring, holding and disposing of, any property;
(b) be capable of rendering herself, and being rendered, liable in respect of any tort, contract, debt or obligation;
(c) be capable of suing and being sued in her own name either in tort or in contract or otherwise and shall be entitled to all remedies and redress for all purposes; and
(d) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,
in all respects as if she were a feme sole.[9/67]
Property of woman to be held by her as feme sole
52. —(1) Subject to the provisions of this Act, all property which —
(a) immediately before 15th September 1961 was the property (including the separate property) of a married woman or held for her separate use in equity;
(b) belongs at the time of her marriage to a woman married after 15th September 1961; or
(c) after 15th September 1961 is acquired 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.
(2) Nothing in subsection (1) shall —
(a) be construed as affecting adversely the right of any married woman to any property which she had immediately before 15th September 1961; or
(b) interfere with or render inoperative any valid restriction upon anticipation or alienation attached to the enjoyment of any property by virtue of any provision contained in any written law in force immediately before 15th September 1961, or in any instrument executed before that date.
(3) Any instrument executed on or after 15th September 1961 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.
(4) For the purposes of this section relating to restrictions upon anticipation or alienation —
(a) an instrument attaching such a restriction as aforesaid, executed on or after 15th September 1961, in pursuance of an obligation imposed before that date to attach such a restriction, shall be deemed to have been executed before that date;
(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 15th September 1961, shall (notwithstanding the actual date of the execution thereof) be deemed to have been executed after that date.
Loans by wife to husband
53. Any money or other estate of the wife, lent or entrusted by her to her husband for the purpose of any trade or business carried on by him or otherwise, shall be treated as assets of her husband’s estate in the case of his bankruptcy under reservation of the wife’s claim to a dividend as a creditor for the amount or value of such money or other estate after, but not before all claims of the other creditors of the husband for valuable consideration in money or money’s worth have been satisfied.
Money and property derived from housekeeping allowance
54. If any question arises as to the right of a husband or wife to money derived from any allowance made by the husband for the expenses of the matrimonial home or for similar purposes, or to any property acquired out of that money, the money or property shall, in the absence of any agreement between them to the contrary, be treated as belonging to the husband and the wife in equal shares.