PART ICapacity, Property, and Liabilities of Married Women; and Liabilities of Husbands

1Capacity of married women.

Subject to the provisions of this Part of this Act, and subject, as respects actions in tort between husband and wife, to the provisions of section twelve of the [45 & 46 Vict. c. 75.] Married Women's Property Act, 1882, a married woman shall—

(a)be capable of acquiring, holding, and disposing of, any property; and

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

(c)be capable of suing and being sued, either in tort or in contract or otherwise; 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.

2Property of married women.

(1)Subject to the provisions of this Part of this Act all property which—

(a)immediately before the passing 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 the passing of this Act; or

(c)after the passing of this Act 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 :

Provided that nothing in this subsection shall interfere with or render inoperative any restriction upon anticipation or alienation attached to the enjoyment of any property by virtue of any provision attaching such a restriction, contained in any Act passed before the passing of this Act, or in any instrument executed before the first day of January nineteen hundred and thirty-six.

(2)Any instrument executed on or after the first day of January, nineteen hundred and thirty-six, 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.

(3)For the purposes of the provisions of this section relating to restrictions upon anticipation or alienation—

(a)an instrument attaching such a restriction as aforesaid executed on or after the first day of January, nineteen hundred and thirty-six, in pursuance of an obligation imposed before that date to attach such a restriction shall be deemed to have been executed before the said first day of January;

(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 the thirty-first day of December, nineteen hundred and forty-five, shall (notwithstanding the actual date of the execution thereof) be deemed to have been executed after the first day of January, nineteen hundred and thirty-six.

3Abolition of husband's liability for wife's torts and ante-nuptial contracts, debts and obligations.

Subject to the provisions of this Part of this Act, 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 proceeding brought, in respect of any such tort, contract, debt, or obligation.

4Savings.

(1)Nothing in this Part of this Act shall—

(a)during coverture which began before the first day of January eighteen hundred and eighty-three, affect any property to which the title (whether vested or contingent, and whether in possession, reversion, or remainder) of a married woman accrued before that date, except property held for her separate use in equity;

(b)affect any legal proceeding in respect of any tort if proceedings had been instituted in respect thereof before the passing of this Act;

(c)enable any judgment or order against a married woman in respect of a contract entered into, or debt or obligation incurred, before the passing of this Act, to be enforced in bankruptcy or to be enforced otherwise than against her property.

(2)For the avoidance of ..doubt it is hereby declared that nothing in this Part of this Act—

(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 Act had not been passed;

(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 Act had not been passed;

(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 like manner as if they were not married;

(d)prevents the exercise of any joint power given to a husband and wife.

5Consequential amendments and repeals.

(1)The enactments mentioned in the first column of the First Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule.

(2)The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

PART IIProceedings against, and Contribution between, Tort-feasors

6Proceedings against, and contribution between, joint and several tort-feasors.

(1)Where damage is suffered by any person as a result of a tort (whether a crime or not)—

(a)judgment recovered against any tort-feasor liable in respect of that damage shall not be a bar to an action against any other person who would, if sued, have been liable as a joint tort-feasor in respect of the same damage;

(b)if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of the wife, husband, parent or child, of that person, against tort-feasors liable in respect of the damage (whether as joint tort-feasors or otherwise) the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the court is of opinion that there was reasonable ground for bringing the action;

(c)any tort-feasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tort-feasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.

(2)In any proceedings for contribution under this section the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person's responsibility for the damage; and the court shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.

(3)For the purposes of this section—

(a)the expressions " parent " and " child " have the same meanings as they have for the purposes of the Fatal Accidents Acts, 1846 to 1908; and

(b)the reference in this section to " the judgment first given" shall, in a case where that judgment is reversed on appeal, be construed as a reference to the judgment first given which is not so reversed and, in a case where a judgment is varied on appeal, be construed as a reference to that judgment as so varied.

(4)Nothing in this section shall—

(a)apply with respect to any tort committed before the commencement of this Part of this Act; or

(b)affect any criminal proceedings against any person in respect of any wrongful act; or

(c)render enforceable any agreement for indemnity which would not have been enforceable if this section had not been passed.

7Commencement of Part II.

This Part of this Act shall come into operation on such date as the Lord Chancellor may by order appoint.

PART IIISupplementary

8Short title, extent and construction of references.

(1)This Act may be cited as the Law Reform (Married Women and Tort-feasors) Act, 1935.

(2)This Act shall not extend to Scotland or to Northern Ireland.

(3)Any reference in this Act to any other enactment or to any provision of any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment, or that provision, as the case may be, as amended by any subsequent enactment including this Act.

SCHEDULES

Section 5.

FIRST SCHEDULEConsequential Amendments effected by Part I of Act

Section 5.

SECOND SCHEDULEEnactments Repealed by Part I or Act