Spouses & Property
MARRIED WOMEN’S STATUS ACT 1957.
REVISED
Updated to 1 February 2019
AN ACT TO CONSOLIDATE WITH AMENDMENTS THE LAW RELATING TO THE STATUS OF MARRIED WOMEN AND THE LIABILITIES OF HUSBANDS. [30th April, 1957.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Annotations
Editorial Notes:
E1
Discretion to grant legal aid in respect of proceedings instituted under Act provided (11.10.1996) by Civil Legal Aid Act 1995 (32/1995), s. 28(9)(c)(i), effectively commenced for this purpose on the establishment day by S.I. No. 272 of 1996.
E2
Circuit Court to be known as the Circuit Family Court when exercising its jurisdiction to hear and determine family law proceedings as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 30 and 31, commenced as per s. 46(2).
E3
Circuit Family Court authorised to hear and determine proceedings instituted under Act at different places, times or days (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 30 and 32, commenced as per s. 46(2).
E4
Conduct of family proceedings in Circuit Family Court and High Court required to be informal (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 30 and 33, commenced as per s. 46(2).
Application of Act.
1.—Save where otherwise appears, this Act applies to persons whether married before or after the commencement of this Act.
Capacity of married women.
2.—(1) Subject to this Act, a married woman shall—
(a) be capable of acquiring, holding, and disposing (by will or otherwise) of, any property, and
(b) be capable of contracting, and
(c) be capable of rendering herself, and being rendered, liable in respect of any tort, contract, debt or obligation, and
(d) be capable of suing and being sued, and
(e) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,
as if she were unmarried.
(2) Subsection (1) shall apply as between a married woman and her F1[spouse] in like manner as it applies as between her and any other person.
(3) A married woman may act as a trustee or personal representative as if she were unmarried.
(4) F2[…]
(5) F2[…]
Annotations
Amendments:
F1
Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 17(a), S.I. No. 504 of 2015.
F2
Repealed (1.12.2009) by Land And Conveyancing Law Reform Act 2009 (27/2009), s. 8(3) and sch. 2 part 5, S.I. No. 356 of 2009.
Property of married women.
3.—All property which—
(a) immediately before the commencement 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 such commencement, or
(c) after such commencement is acquired by or devolves upon a married woman,
shall belong to her as if she were unmarried and may be disposed of accordingly.
Joint capacity of spouses of each other
4.—F3[Spouses of each other] shall—
(a) be capable of acquiring, holding and disposing of any property jointly or as tenants in common, and
(b) be capable of rendering themselves, and being rendered, jointly liable in respect of any tort, contract, debt or obligation, and
(c) be capable of suing and being sued, and
(d) be capable of exercising any joint power given to them,
in like manner as if they were not married.
Annotations
Amendments:
F3
Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 17(b), S.I. No. 504 of 2015.
Property rights of husband and wife.
5.—A husband and wife shall, for all purposes of acquisition of any property, under a disposition made or coming into operation after the commencement of this Act, be treated as two persons.
Abolition of restraint upon anticipation.
6.—A restriction upon anticipation or alienation attached (whether before or after the commencement of this Act) to the enjoyment of any property by a woman which could not have been attached to the enjoyment of that property by a man shall be of no effect.
Insurance for benefit of spouse or children.
7.—(1) This section applies to a policy of life assurance or endowment expressed to be for the benefit of, or by its express terms purporting to confer a benefit upon, the wife, husband or child of the insured.
(2) The policy shall create a trust in favour of the objects therein named.
(3) The moneys payable under the policy shall not, so long as any part of the trust remains unperformed, form part of the estate of the insured or be subject to his or her debts.
(4) If it is proved that the policy was effected and the premiums paid with intent to defraud the creditors of the insured, they shall be entitled to receive, on account of their debts, payment out of the moneys payable under the policy, so, however, that the total amount of such payments shall not exceed the amount of the premiums so paid.
(5) The insured may by the policy, or by any memorandum under his or her hand, appoint a trustee or trustees of the moneys payable under the policy, and may from time to time appoint a new trustee or new trustees thereof, and may make provision for the appointment of a new trustee or trustees thereof and for the investment of the moneys payable under the policy.
(6) In default of any such appointment of a trustee, the policy, immediately on its being effected, shall vest in the insured and his or her legal personal representatives in trust for the purposes aforesaid.
(7) The receipt of a trustee or trustees duly appointed or, in default either of any such appointment or of notice thereof to the insurer, the receipt of the legal personal representative of the insured shall be a good discharge to the insurer for any sum paid by him under the policy.
(8) In this section “child” includes stepchild, illegitimate child, F4[a child adopted under an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or who is the subject of an intercountry adoption effected outside the State and recognised under that Act], and a person to whom the insured is in loco parentis.
(9) This section applies whether the policy was effected before or after the commencement of this Act.
Annotations
Amendments:
F4
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 163(a), S.I. No. 511 of 2010.
Contracts for benefit of spouse, or children.
8.—(1) Where a contract (other than a contract to which section 7 applies) is expressed to be for the benefit of, or by its express terms purports to confer a benefit upon, a third person being the wife, husband or child of one of the contracting parties, it shall be enforceable by the third person in his or her own name as if he or she were a party to it.
(2) The right conferred on a third person by this section shall be subject to any defence that would have been valid between the parties to the contract.
(3) Unless the contract otherwise provides, it may be rescinded by agreement of the contracting parties at any time before the third person has adopted it either expressly or by conduct.
(4) This section applies whether the contract was made before or after the commencement of this Act.
(5) In this section, “child” includes stepchild, illegitimate child, F5[a child adopted under an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or who is the subject of an intercountry adoption effected outside the State and recognised under that Act], and a person to whom the contracting party is in loco parentis.
Annotations
Amendments:
F5
Substituted (1.1.2010) by Adoption Act 2010 (21/2010), s. 163(b), S.I. No. 511 of 2010.
Criminal proceedings for protection of property of married persons.
9.—(1) Subject to subsection (3), every married woman shall have in her own name against all persons whomsoever, including her F6[spouse], the same remedies and redress by way of criminal proceedings for the protection and security of her property as if she were unmarried.
(2) Subject to subsection (3), a husband shall have F6[against his spouse] the same remedies and redress by way of criminal proceedings for the protection and security of his property F6[as if he were unmarried].
F7[(3) No criminal proceedings referred to in subsection (1) or (2) shall be taken by a spouse against the other spouse except by or with the consent of the Director of Public Prosecutions.]
(4) F8[…]
(5) In any indictment or process grounding criminal proceedings in relation to the property of a married woman, it shall be sufficient to allege the property to be her property.
Annotations
Amendments:
F6
Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 17(c), S.I. No. 504 of 2015.
F7
Substituted (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 62, S.I. No. 252 of 2002.
F8
Repealed (7.10.1992) by Criminal Evidence Act 1992 (12/1992), s. 3 and sch., commenced as per s. 1(2).
Editorial Notes:
E5
Previous affecting provision: restriction on disposal of property provided (12.07.1976) by Family Home Protection Act 1976 (27/1976), s. 9(2) and (3), commenced on enactment, where proceedings were issued by either spouse under s. 12 of this Act; now repealed.
Wife’s antenuptial debts and liabilities.
10.—A woman after her marriage shall continue to be liable for all debts contracted and all contracts entered into or torts committed by her before her marriage, including any sums for which she may be liable as contributory, either before or after she has been placed on the list of contributories under and by virtue of the Companies (Consolidation) Act, 1908, and she may be sued for any such debt and for any liability in damages or otherwise under any such contract or in respect of any such tort.
Annotations
Modifications (not altering text):
C1
Companies (Consolidation) Act 1908 was repealed (1.04.1964) by Companies Act 1963 (33/1963), s. 3 and sch. 12, S.I. No. 41 of 1964, subject to the continued application of similar provisions in the new legislation by subs. (5).
Repeal and savings.
3.—(1) The enactments mentioned in the Twelfth Schedule are hereby repealed to the extent specified in the third column of that Schedule.
…
(5) Subject to the provisions of subsection (4), any document referring to any former enactment relating to companies shall be construed as referring to the corresponding enactment of this Act.
…
Abolition of husband’s liability for wife’s torts, contracts, debts and obligations.
11.—(1) The husband of a woman shall not, by reason only of his being her husband,—
(a) be liable in respect of any tort committed by her, whether before or after the marriage, or
(b) be sued, or made a party to any legal proceedings brought, in respect of any such tort, or
(c) be liable in respect of any contract entered into, or debt or obligation incurred by her before the marriage, or
(d) be liable in respect of any contract entered into, or debt or obligation incurred by her (otherwise than as agent) after the marriage, or
(e) be sued, or made a party to any legal proceedings brought, in respect of any such contract, debt or obligation.
(2) Notwithstanding subsection (1), where alimony has been ordered by a court to be paid and has not been duly paid by the husband, he shall be liable for necessaries supplied for the use of the wife.
Determination of questions between husband and wife as to property.
12.—F9[…]
Annotations
Amendments:
F9
Repealed (1.08.1996) by Family Law Act 1995 (26/1995), s. 3(1) and sch., S.I. No. 46 of 1996, subject to transitional provisions in subs. (2).
Editorial Notes:
E6
Orders or decrees made or exceptions granted under section prior to repeal continued (1.08.1996) by Family Law Act 1995 (26/1995), s. 3(2)(b)(i), S.I. No. 46 of 1996.
E7
Previous affecting provision: power to make order under section provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 16, commenced as per s. 46(2).
E8
Previous affecting provision: subs. (3) substituted (12.05.1982) by Courts Act 1981 (11/1981), s. 3, commenced as per s. 33(3).
E9
Previous affecting provision: application of section extended to engaged couples (23.06.1981) by Family Law Act 1981 (22/1981), s. 5(2), commenced on enactment.
E10
Previous affecting provision: restriction on disposal of property provided (12.07.1976) by Family Home Protection Act 1976 (27/1976), s. 9(2) and (3), commenced on enactment, where proceedings were issued by either spouse under section.
Saving for settlements.
13.—(1) Subject to section 6 and to subsection (2) of this section, nothing in this Act shall interfere with or invalidate any settlement or agreement for a settlement made or to be made, whether before or after marriage, respecting the property of a married woman, but no settlement or agreement for a settlement shall have any greater force or validity against creditors of such woman than a like settlement or agreement for a settlement made by a man would have against his creditors.
(2) (a) The provisions of this subsection shall have effect in relation to a settlement or agreement for a settlement made on or after the 1st day of January, 1908, whether before or after marriage, by the husband or intended husband, respecting the property of any woman he may marry or have married.
(b) It shall not be valid unless it was or is executed by her if of full age or, if she was or is not of full age, confirmed by her after she attains full age.
(c) If she dies an infant, any covenant or disposition by her husband contained in the settlement or agreement for a settlement shall bind or pass any interest in any property of hers to which he may become entitled on her death and which he could have bound or disposed of if the Married Women’s Property Act, 1907, and this Act had not been passed.
(d) F10[…]
Annotations
Amendments:
F10
Repealed (1.03.1985) by Age of Majority Act 1985 (2/1985), s. 8(d), commenced as per s. 9(2).
Breaches of trust by married women.
14.—The provisions of this Act as to the liabilities of married women shall extend to any liability arising out of a breach of trust or devastavit committed by a married woman, whether before or after her marriage, in her capacity as trustee or personal representative and her husband shall not, by reason only of his being her husband, be liable in respect thereof.
Will of married woman.
15.—Section 24 (which provides for the cases in which a will is to be construed as speaking from the death of the testator) of the Wills Act, 1837, shall apply to the will of a married woman made during coverture whether she is or is not possessed of or entitled to any property at the time of making it and such will shall not require to be re-executed or republished after the death of her husband.
Annotations
Editorial Notes:
E11
Wills Act 1837 (1 Vic. c. 26) was repealed (1.01.1967) by Succession Act 1965 (27/1965), s. 8 and sch. 2 part III, S.I. No. 168 of 1966. Succession Act 1965, s. 89 makes provision for wills to speak from the death of the testator, with no distinction made between men and women, married and unmarried.
Power of attorney of married woman.
16.—A married woman, whether an infant or not, shall have power, as if she were unmarried and of full age, by deed, to appoint an attorney on her behalf for the purpose of executing any deed or doing any other act which she might herself execute or do; and the provisions of the Conveyancing Acts, 1881 to 1911, relating to instruments creating powers of attorney shall apply thereto.
Annotations
Modifications (not altering text):
C2
Provision for reference to Conveyancing Acts 1881 to 1911 to be construed as reference to Land and Conveyancing Law Reform Act 2009 made (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 8(2)(b) and (c), S.I. No. 356 of 2009.
Amendments and repeals.
8.— (1) Each provision specified in column (2) of Schedule 1 opposite the mention in column (1) of that Schedule of an enactment is amended in the manner specified in column (3).
(2) Subject to subsection (1), and without prejudice to section 26(2)(f) of the Act of 2005— …
(b) any reference in an enactment to—
(i) the Conveyancing Acts 1881 to 1911, or
ii) an Act (other than an Act repealed by this Act) included in that collective citation,
shall be construed as including a reference to this Act, and
(c) any reference in an enactment to—
(i) an Act that is included in the collective citation “the Conveyancing Acts 1881 to 1911” and that is repealed by this Act, or
(ii) any particular provision of such an Act,
shall be construed as a reference to this Act or to the equivalent or substituted provision of this Act.
…
Savings as to pending proceedings and enforcement of certain judgments.
17.—(1) Nothing in this Act shall affect any legal proceedings in respect of any tort if proceedings in respect thereof had been instituted before the commencement of this Act.
(2) Nothing in this Act shall enable any judgment or order against a married woman in respect of a contract entered into, or debt or obligation incurred before the commencement of this Act, to be enforced in bankruptcy or to be enforced otherwise than against her property.
F11[
Gifts in fraud of creditors.
18. Nothing in this Act shall be construed as validating, as against creditors of a spouse (in this section called the ‘first-mentioned spouse’), any gift, by the first-mentioned spouse to his or her spouse, of any property which, after such gift, continues to be in the order or disposition or reputed ownership of the first-mentioned spouse or any deposit or other investment of moneys of that first-mentioned spouse made by or in the name of his or her spouse in fraud of the first-mentioned spouse’s creditors, and any such moneys so deposited or invested may be followed as if this Act had not been passed.]
Annotations
Amendments:
F11
Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 17(d), S.I. No. 504 of 2015.
Consequential repeals.
19.—The enactments mentioned in the Schedule are hereby repealed to the extent specified in the third column.
Short title and commencement.
20.—(1) This Act may be cited as the Married Women’s Status Act, 1957.
(2) This Act shall come into operation on the first day of June, 1957.
SCHEDULE
Enactments Repealed
Section 19.
Session and Chapter or Number and Year.
Short Title.
Extent of Repeal.
(1)
(2)
(3)
11 Geo. 4 & 1 Will. 4. c. 65.
The Infants’ Property Act, 1830 (extended to Ireland by the Infants’ Property (Ireland) Act, 1835).
Section 16, so far as it refers to married women.
4 & 5 Will. 4. c. 92.
The Fines and Recoveries (Ireland) Act, 1834.
Section 21;
In section 38, the words from “and if the tenant in tail” to the end of the section;
Section 43;
Sections 68 to 81.
4 & 5 Vic. c. 20.
The Excise Management Act, 1841.
In section 7, the words “whose husband shall become insane or idiot, or be otherwise incapable of transacting his affairs, or whose husband shall be separated from her and be out of the limits of the United Kingdom”;
The proviso to section 7.
8 & 9 Vic. c. 106.
The Real Property Act, 1845.
In section 6, the words from “and every such disposition by a married woman” to the end of the section.
18 & 19 Vic. c. 39.
The Leasing Powers Act for Religious Worship in Ireland, 1855.
In paragraph (5) of section 3, the words “for their separate use”;
Paragraphs (6) and (7) of section 3.
20 & 21 Vic. c. 57.
The Married Women’s Reversionary Interests Act, 1857.
The whole Act.
28 & 29 Vic. c. 43.
The Married Women’s Property (Ireland) Act, 1865.
The whole Act.
33 & 34 Vic. c. 46.
The Landlord and Tenant (Ireland) Act, 1870.
Section 60.
40 & 41 Vic. c. 18.
The Settled Estates Act, 1877.
Sections 50 and 51;
In section 52, the words “Subject to such examination as aforesaid”.
40 & 41 Vic. c. 56.
The County Officers and Courts (Ireland) Act, 1877.
Section 65.
44 & 45 Vic. c. 41.
The Conveyancing Act, 1881.
Section 40;
In subsection (1) of section 50, the words from “and may, in like manner” to the end of the subsection;
In paragraph (i) of subsection (2) of section 65, the words from “but, in the case of a married woman” to the end of the paragraph.
44 & 45 Vic. c. 49.
The Land Law (Ireland) Act, 1881.
Paragraph (4) of section 38.
44 & 45 Vic. c. 65.
The Leases for Schools (Ireland) Act, 1881.
In paragraph (d) of section 2, the words “for their separate use, and whether restrained or not from anticipation”;
Paragraphs (e) and (f) of section 2.
45 & 46 Vic. c. 38.
The Settled Land Act, 1882.
Section 61.
45 & 46 Vic. c. 39.
The Conveyancing Act, 1882.
Section 7.
45 & 46 Vic. c. 75.
The Married Women’s Property Act, 1882.
The whole Act.
47 & 48 Vic. c. 14.
The Married Women’s Property Act, 1884.
The whole Act.
54 & 55 Vic. c. 66.
The Registration of Title Act, 1891.
In subsection (1) of section 73, the words “Subject to the provisions of this section”;
Subsection (2) of section 73.
56 & 57 Vic. c. 53.
The Trustee Act, 1893.
Section 16;
In subsection (1) of section 45, the words from “and notwithstanding” to “anticipation”.
56 & 57 Vic. c. 63.
The Married Women’s Property Act, 1893.
The whole Act.
7 Edw. 7. c. 18.
The Married Women’s Property Act, 1907.
The whole Act.
8 Edw. 7. c. 24.
The Summary Jurisdiction (Ireland) Act, 1908.
In paragraph (a) of subsection (1) of section 1 the word “separate”.
8 Edw. 7. c. 69.
The Companies (Consolidation) Act, 1908.
Section 128.
1 & 2 Geo. 5. c. 37.
The Conveyancing Act, 1911.
Section 7.
6 & 7 Geo. 5. c. 50.
The Larceny Act, 1916.
Section 36.
No. 16 of 1927.
The Industrial and Commercial Property (Protection) Act, 1927.
In subsection (4) of section 166, the word “separate”.
FAMILY LAW ACT 1995
Determination of questions between spouses in relation to property.
36.—(1) Either spouse may apply to the court in a summary manner to determine any question arising between them as to the title to or possession of any property.
(2) On application to it under subsection (1), the court may—
(a) make such order with respect to the property in dispute (including an order that it be sold or partitioned) and as to the costs consequent upon the application, and
(b) direct such inquiries, and give such other directions, in relation to the application,
as the court considers proper.
(3) Either spouse or a child of a deceased spouse (in this section referred to subsequently as “the plaintiff spouse”) may make an application specified in subsection (1) where it is claimed that the other spouse (in this section referred to subsequently as “the defendant spouse”) has had in his or her possession or under his or her control—
(a) money to which, or to a share of which, the plaintiff spouse was beneficially entitled whether by reason of the fact that it represented the proceeds of property to which, or to an interest in which, the plaintiff spouse was beneficially entitled or for any other reason, or
(b) property (other than money) to which, or to an interest in which, the plaintiff spouse was beneficially entitled,
and that either that money or other property has ceased to be in the possession or under the control of the defendant spouse or that the plaintiff spouse does not know whether it is still in the possession or under the control of the defendant spouse.
(4) Where an application under subsection (1) is made by virtue of subsection (3) and the court is satisfied that—
(a) (i) the defendant spouse concerned has had in his or her possession or under his or her control money or other property to which paragraph (a) or (b) of subsection (3) relates, or
(ii) the defendant spouse has in his or her possession or under his or her control property that represents the whole or part of the money or other property aforesaid,
and
(b) the defendant spouse has not made to the plaintiff spouse concerned such payment or disposition (not being a testamentary disposition) as would have been appropriate in all the circumstances,
the court may make an order under subsection (2) in relation to the application and may, in addition to or in lieu of such an order, make an order requiring the defendant spouse to pay to the plaintiff spouse either, as the case may be—
(i) such sum in respect of the money to which the application relates, or the plaintiff spouse’s share thereof, or
(ii) such sum in respect of the value of the property (other than money) referred to in paragraph (a), or the plaintiff spouse’s interest therein,
as the court considers proper.
(5) In any proceedings under this section, a person (other than the plaintiff spouse concerned or the defendant spouse concerned) who is a party thereto shall, for the purposes of costs or any other matter, be treated as a stakeholder only.
(6) This section is without prejudice to section 2 (which prescribes the legal capacity of married women) of the Married Women’s Status Act, 1957.
(7) (a) Where a marriage—
(i) has been annulled F47[or dissolved] under the law of the State, or
(ii) has been annulled or dissolved under the law of a country or jurisdiction other than the State and is, by reason of that annulment or divorce, not or no longer a subsisting valid marriage under the law of the State,
an application under this section shall not be made by either of the spouses more than 3 years after the date of the annulment or divorce.
(b) Where a marriage is void but has not been so declared under the law of the State or another state, an application shall not be made under this section by either of the spouses more than 3 years after the parties have ceased to be ordinarily resident together.
(8) In this section references to a spouse include references to—
(a) a personal representative of a deceased spouse,
(b) either of the parties to a void marriage, whether or not it has been declared to be void under the law of the State or a country or jurisdiction other than the State,
(c) either of the parties to a voidable marriage that has been annulled under the law of the State,
F47[(cc) either of the parties to a marriage that has been dissolved under the law of the State,]
(d) either of the parties to a marriage that has been annulled under the law of another state and that is, by reason of the annulment, not a subsisting valid marriage under the law of the State, and
(e) either of the parties to a marriage that has been dissolved under the law of another state and that is, by reason of the divorce, no longer a subsisting valid marriage under the law of the State.
Annotations
Amendments:
F47
Inserted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 52(m), commenced as per s. 1(2).
Modifications (not altering text):
C7
Application of section extended with modifications (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 44, commenced as per s. 1(2).
Determination of questions between persons formerly engaged to each other in relation to property.
44.—Where an agreement to marry is terminated, section 36 of the Act of 1995 shall apply, as if the parties to the agreement were married to each other, to any dispute between them, or claim by one of them, in relation to property in which either or both of them had a beneficial interest while the agreement was in force.