Part 15Family property

198Abolition of husband's duty to maintain wife

The rule of common law that a husband must maintain his wife is abolished.

199Abolition of presumption of advancement

1

The presumption of advancement (by which, for example, a husband is presumed to be making a gift to his wife if he transfers property to her, or purchases property in her name) is abolished.

2

The abolition by subsection (1) of the presumption of advancement does not have effect in relation to—

a

anything done before the commencement of this section, or

b

anything done pursuant to any obligation incurred before the commencement of this section.

200Amendment of Married Women's Property Act 1964

1

In section 1 of the Married Women's Property Act 1964 (money and property derived from housekeeping allowance made by husband to be treated as belonging to husband and wife in equal shares)—

a

for “the husband for” substitute “ either of them for ”, and

b

for “the husband and the wife” substitute “ them ”.

2

Accordingly, that Act may be cited as the Matrimonial Property Act 1964.

3

The amendments made by this section do not have effect in relation to any allowance made before the commencement of this section.

201Civil partners: housekeeping allowance

1

After section 70 of the Civil Partnership Act 2004 insert—

70AMoney and property derived from housekeeping allowance

Section 1 of the Matrimonial Property Act 1964 (money and property derived from housekeeping allowance to be treated as belonging to husband and wife in equal shares) applies in relation to—

a

money derived from any allowance made by a civil partner for the expenses of the civil partnership home or for similar purposes, and

b

any property acquired out of such money,

as it applies in relation to money derived from any allowance made by a husband or wife for the expenses of the matrimonial home or for similar purposes, and any property acquired out of such money.

2

The amendment made by this section does not have effect in relation to any allowance made before the commencement of this section.