{"id":11542,"date":"2022-04-25T19:30:34","date_gmt":"2022-04-25T19:30:34","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11542"},"modified":"2024-03-13T08:12:07","modified_gmt":"2024-03-13T08:12:07","slug":"spouses-property","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/spouses-property\/","title":{"rendered":"Spouses &#038; Property"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/spouses-property\/#Common_Law_Reformed\" title=\"Common Law Reformed\">Common Law Reformed<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/spouses-property\/#Cases_Beneficial_Interest\" title=\"Cases Beneficial Interest\">Cases Beneficial Interest<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/spouses-property\/#Resulting_Trust_in_Ireland\" title=\"Resulting Trust in Ireland\">Resulting Trust in Ireland<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/spouses-property\/#Constitution\" title=\"Constitution\">Constitution<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/spouses-property\/#Property_Rights\" title=\"Property Rights\">Property Rights<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/spouses-property\/#Summary_Property_Proceedings\" title=\"Summary Property Proceedings\">Summary Property Proceedings<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#MARRIED_WOMENS_STATUS_ACT_1957\" title=\"MARRIED WOMEN\u2019S STATUS ACT 1957.\">MARRIED WOMEN\u2019S STATUS ACT 1957.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Application_of_Act\" title=\"Application of Act.\">Application of Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Capacity_of_married_women\" title=\"Capacity of married women.\">Capacity of married women.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Property_of_married_women\" title=\"Property of married women.\">Property of married women.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Joint_capacity_of_spouses_of_each_other\" title=\"Joint capacity of spouses of each other\">Joint capacity of spouses of each other<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Property_rights_of_husband_and_wife\" title=\"Property rights of husband and wife.\">Property rights of husband and wife.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Abolition_of_restraint_upon_anticipation\" title=\"Abolition of restraint upon anticipation.\">Abolition of restraint upon anticipation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Insurance_for_benefit_of_spouse_or_children\" title=\"Insurance for benefit of spouse or children.\">Insurance for benefit of spouse or children.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Contracts_for_benefit_of_spouse_or_children\" title=\"Contracts for benefit of spouse, or children.\">Contracts for benefit of spouse, or children.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Criminal_proceedings_for_protection_of_property_of_married_persons\" title=\"Criminal proceedings for protection of property of married persons.\">Criminal proceedings for protection of property of married persons.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Wifes_antenuptial_debts_and_liabilities\" title=\"Wife\u2019s antenuptial debts and liabilities.\">Wife\u2019s antenuptial debts and liabilities.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Abolition_of_husbands_liability_for_wifes_torts_contracts_debts_and_obligations\" title=\"Abolition of husband\u2019s liability for wife\u2019s torts, contracts, debts and obligations.\">Abolition of husband\u2019s liability for wife\u2019s torts, contracts, debts and obligations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Determination_of_questions_between_husband_and_wife_as_to_property\" title=\"Determination of questions between husband and wife as to property.\">Determination of questions between husband and wife as to property.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Saving_for_settlements\" title=\"Saving for settlements.\">Saving for settlements.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Breaches_of_trust_by_married_women\" title=\"Breaches of trust by married women.\">Breaches of trust by married women.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Will_of_married_woman\" title=\"Will of married woman.\">Will of married woman.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Power_of_attorney_of_married_woman\" title=\"Power of attorney of married woman.\">Power of attorney of married woman.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Gifts_in_fraud_of_creditors\" title=\"Gifts in fraud of creditors.\">Gifts in fraud of creditors.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Consequential_repeals\" title=\"Consequential repeals.\">Consequential repeals.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Short_title_and_commencement\" title=\"Short title and commencement.\">Short title and commencement.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#FAMILY_LAW_ACT_1995\" title=\"FAMILY LAW ACT 1995\">FAMILY LAW ACT 1995<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/spouses-property\/2\/#Determination_of_questions_between_spouses_in_relation_to_property\" title=\"Determination of questions between spouses in relation to property.\">Determination of questions between spouses in relation to property.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Common_Law_Reformed\"><\/span>Common Law Reformed<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A married woman was not capable of owning separate property under the common law.\u00a0 Her property was deemed owned by her husband.<\/p>\n<p>As a corollary to this, a husband was obliged to maintain his wife.\u00a0 She had the authority to pledge his credit for so-called necessaries.<\/p>\n<p>The Married Women\u2019s Property Act 1882 repealed the common law rules and enabled a married woman to own her own property.\u00a0 The Married Women\u2019s Status Act 1957 confirmed the full legal capacity of a married woman and also provided for a mechanism to assist in the speedier determination of property disputes between husband and wife.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Cases_Beneficial_Interest\"><\/span>Cases Beneficial Interest<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Prior to the 1970s, the majority of family homes were held in the husband\u2019s sole name.\u00a0 The Family Home Protection Act 1976 provided incentives for transferring the family home into joint names.\u00a0 The transactions were made free of stamp duty and registry fees.\u00a0 Later, complete exemptions from stamp duty as well as capital gains and inheritance tax, and gift tax were introduced for transactions between spouses.<\/p>\n<p>In the United Kingdom, from the 1970s onwards, the courts developed the law so as to find a beneficial ownership for the non-owning spouse based either on financial contributions or contributions to a family fund from which a house was purchased, or a mortgage was redeemed.\u00a0 A number of English cases, particularly rulings by the famous Lord Denning as Master of the Rolls, \u00a0attempted to go further but were ultimately overruled by higher court judgments in the United Kingdom.<\/p>\n<p>The Irish courts broadly followed the English courts in their willingness to find beneficial interests based on financial contributions.\u00a0 However, the courts in Ireland stopped short of recognising a beneficial interest based on so called work in the home.\u00a0 Only a financial contribution would account.\u00a0 See, generally, our section on trusts and protector resulting trusts in relation to the law in this area.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Resulting_Trust_in_Ireland\"><\/span>Resulting Trust in Ireland<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The resulting trust principle by which the court will recognise the acquisition of a beneficial interest by contributions, the early cases required a direct contribution to the purchase price or to a mortgage redeeming the purchase price.\u00a0 This was later developed to cover unpaid work within a business.<\/p>\n<p>Cases developed the principle of contributions to a family fund from which the mortgage was redeemed permitted proportionate acquisition of beneficial interest.\u00a0 The portion would depend on the initial deposit paid and the extent of the contribution by the non-owning spouse to the family funds.<\/p>\n<p>Spending money, making contributions or \u00a0undertaking improvements may also, by way of the principle of constructive or resulting trust, allow a \u00a0beneficial interest to be found. Most courts have required an implied or express agreement that the person making the contribution is to receive a benefit in return for so doing.\u00a0 This reflects the general principle that making improvements to another\u2019s property does not lead to a beneficial interest in the absence of an agreement or estoppel.<\/p>\n<p>With the introduction of comprehensive judicial separation and divorce legislation in the 1990s, the number of cases based on claimed beneficial interest significantly reduced.\u00a0 In addition, it has become an almost uniform practice that the family home is held in joint names.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Constitution\"><\/span>Constitution<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>To some extent, the refusal to find a beneficial interest based on the spouse typically the female spouse working in the home, was surprising.\u00a0 The Constitution had pledged to protect the position of the female spouse working in the home.<\/p>\n<p>The Matrimonial Home Bill was introduced in 1993 to confer equal rights of ownership of the matrimonial home and household items on each spouse.\u00a0 It was referred to the Supreme Court by the president and found to be unconstitutional.<\/p>\n<p>The court reasoned that the legislation was overbroad and interfered with the freedom of parties who organised the affairs.\u00a0 See our section on Constitutional Law.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Property_Rights\"><\/span>Property Rights<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where both spouses have ownership, legal or beneficial in the family home, they are equally entitled to occupy and enjoy it.\u00a0 Where a property is owned by one spouse, family legislation effectively gives the other spouse rights to occupy and use the property.<\/p>\n<p>If the marriage breaks down and there is a judicial separation or divorce, the courts have significant powers to divide property between spouses.\u00a0 The pre-existing ownership of one spouse will be a factor, but not determinative, as set in our section on divorce and judicial separation.<\/p>\n<p>The court may also award exclusive occupation of the house to one party and may make a whole range of orders affecting future use and occupation, with or without transferring an ownership share.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Summary_Property_Proceedings\"><\/span>Summary Property Proceedings<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>As mentioned above, the Married Women\u2019s Status Act, as amended by later family legislation, gives the court the power to make orders and or to direct enquiries in relation to property disputes between spouses. \u00a0It may order that a property be sold or divided.<\/p>\n<p>A spouse or a child of a deceased spouse may apply to the court for an order where the other spouse has assets under his control, any type of assets, case or real property belonging to that spouse.\u00a0 The court may trace the proceeds of assets belonging to the claimant spouse into other assets and proceeds purchased by the respondent spouse.<\/p>\n<p>The application may be made against the personal representatives of a deceased spouse as well as parties to a marriage which was been annulled or dissolved in accordance with Irish or foreign law.\u00a0 In the latter case, the application must be made within 3 years of the dissolution or annulment.<\/p>\n<p><!--nextpage--><\/p>\n<p>&nbsp;<\/p>\n<h2>MARRIED WOMEN\u2019S STATUS ACT 1957.<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 February 2019<\/p>\n<p>AN ACT TO CONSOLIDATE WITH AMENDMENTS THE LAW RELATING TO THE STATUS OF MARRIED WOMEN AND THE LIABILITIES OF HUSBANDS. [30th April, 1957.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:\u2014<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nDiscretion 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.<\/p>\n<p>E2<br \/>\nCircuit 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).<\/p>\n<p>E3<br \/>\nCircuit 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).<\/p>\n<p>E4<br \/>\nConduct 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).<\/p>\n<h4>Application of Act.<\/h4>\n<p>1.\u2014Save where otherwise appears, this Act applies to persons whether married before or after the commencement of this Act.<\/p>\n<h4>Capacity of married women.<\/h4>\n<p>2.\u2014(1) Subject to this Act, a married woman shall\u2014<\/p>\n<p>(a) be capable of acquiring, holding, and disposing (by will or otherwise) of, any property, and<\/p>\n<p>(b) be capable of contracting, and<\/p>\n<p>(c) be capable of rendering herself, and being rendered, liable in respect of any tort, contract, debt or obligation, and<\/p>\n<p>(d) be capable of suing and being sued, and<\/p>\n<p>(e) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,<\/p>\n<p>as if she were unmarried.<\/p>\n<p>(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.<\/p>\n<p>(3) A married woman may act as a trustee or personal representative as if she were unmarried.<\/p>\n<p>(4) F2[\u2026]<\/p>\n<p>(5) F2[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nSubstituted (16.11.2015) by Marriage Act 2015 (35\/2015), s. 17(a), S.I. No. 504 of 2015.<\/p>\n<p>F2<br \/>\nRepealed (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.<\/p>\n<h4>Property of married women.<\/h4>\n<p>3.\u2014All property which\u2014<\/p>\n<p>(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<\/p>\n<p>(b) belongs at the time of her marriage to a woman married after such commencement, or<\/p>\n<p>(c) after such commencement is acquired by or devolves upon a married woman,<\/p>\n<p>shall belong to her as if she were unmarried and may be disposed of accordingly.<\/p>\n<h4>Joint capacity of spouses of each other<\/h4>\n<p>4.\u2014F3[Spouses of each other] shall\u2014<\/p>\n<p>(a) be capable of acquiring, holding and disposing of any property jointly or as tenants in common, and<\/p>\n<p>(b) be capable of rendering themselves, and being rendered, jointly liable in respect of any tort, contract, debt or obligation, and<\/p>\n<p>(c) be capable of suing and being sued, and<\/p>\n<p>(d) be capable of exercising any joint power given to them,<\/p>\n<p>in like manner as if they were not married.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nSubstituted (16.11.2015) by Marriage Act 2015 (35\/2015), s. 17(b), S.I. No. 504 of 2015.<\/p>\n<h4>Property rights of husband and wife.<\/h4>\n<p>5.\u2014A 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.<\/p>\n<h4>Abolition of restraint upon anticipation.<\/h4>\n<p>6.\u2014A 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.<\/p>\n<h4>Insurance for benefit of spouse or children.<\/h4>\n<p>7.\u2014(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.<\/p>\n<p>(2) The policy shall create a trust in favour of the objects therein named.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(8) In this section \u201cchild\u201d 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.<\/p>\n<p>(9) This section applies whether the policy was effected before or after the commencement of this Act.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nSubstituted (1.11.2010) by Adoption Act 2010 (21\/2010), s. 163(a), S.I. No. 511 of 2010.<\/p>\n<h4>Contracts for benefit of spouse, or children.<\/h4>\n<p>8.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(4) This section applies whether the contract was made before or after the commencement of this Act.<\/p>\n<p>(5) In this section, \u201cchild\u201d 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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nSubstituted (1.1.2010) by Adoption Act 2010 (21\/2010), s. 163(b), S.I. No. 511 of 2010.<\/p>\n<h4>Criminal proceedings for protection of property of married persons.<\/h4>\n<p>9.\u2014(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.<\/p>\n<p>(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].<\/p>\n<p>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.]<\/p>\n<p>(4) F8[\u2026]<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F6<br \/>\nSubstituted (16.11.2015) by Marriage Act 2015 (35\/2015), s. 17(c), S.I. No. 504 of 2015.<\/p>\n<p>F7<br \/>\nSubstituted (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50\/2001), s. 62, S.I. No. 252 of 2002.<\/p>\n<p>F8<br \/>\nRepealed (7.10.1992) by Criminal Evidence Act 1992 (12\/1992), s. 3 and sch., commenced as per s. 1(2).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nPrevious 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.<\/p>\n<h4>Wife\u2019s antenuptial debts and liabilities.<\/h4>\n<p>10.\u2014A 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.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nCompanies (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).<\/p>\n<p>Repeal and savings.<\/p>\n<p>3.\u2014(1) The enactments mentioned in the Twelfth Schedule are hereby repealed to the extent specified in the third column of that Schedule.<\/p>\n<p>&#8230;<\/p>\n<p>(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.<\/p>\n<p>&#8230;<\/p>\n<h4>Abolition of husband\u2019s liability for wife\u2019s torts, contracts, debts and obligations.<\/h4>\n<p>11.\u2014(1) The husband of a woman shall not, by reason only of his being her husband,\u2014<\/p>\n<p>(a) be liable in respect of any tort committed by her, whether before or after the marriage, or<\/p>\n<p>(b) be sued, or made a party to any legal proceedings brought, in respect of any such tort, or<\/p>\n<p>(c) be liable in respect of any contract entered into, or debt or obligation incurred by her before the marriage, or<\/p>\n<p>(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<\/p>\n<p>(e) be sued, or made a party to any legal proceedings brought, in respect of any such contract, debt or obligation.<\/p>\n<p>(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.<\/p>\n<h4>Determination of questions between husband and wife as to property.<\/h4>\n<p>12.\u2014F9[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F9<br \/>\nRepealed (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).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E6<br \/>\nOrders 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.<\/p>\n<p>E7<br \/>\nPrevious 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).<\/p>\n<p>E8<br \/>\nPrevious affecting provision: subs. (3) substituted (12.05.1982) by Courts Act 1981 (11\/1981), s. 3, commenced as per s. 33(3).<\/p>\n<p>E9<br \/>\nPrevious 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.<\/p>\n<p>E10<br \/>\nPrevious 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.<\/p>\n<h4>Saving for settlements.<\/h4>\n<p>13.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2019s Property Act, 1907, and this Act had not been passed.<\/p>\n<p>(d) F10[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F10<br \/>\nRepealed (1.03.1985) by Age of Majority Act 1985 (2\/1985), s. 8(d), commenced as per s. 9(2).<\/p>\n<h4>Breaches of trust by married women.<\/h4>\n<p>14.\u2014The 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.<\/p>\n<h4>Will of married woman.<\/h4>\n<p>15.\u2014Section 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.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E11<br \/>\nWills 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.<\/p>\n<h4>Power of attorney of married woman.<\/h4>\n<p>16.\u2014A 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.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C2<br \/>\nProvision 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.<\/p>\n<p>Amendments and repeals.<\/p>\n<p>8.\u2014 (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).<\/p>\n<p>(2) Subject to subsection (1), and without prejudice to section 26(2)(f) of the Act of 2005\u2014 &#8230;<\/p>\n<p>(b) any reference in an enactment to\u2014<\/p>\n<p>(i) the Conveyancing Acts 1881 to 1911, or<\/p>\n<p>ii) an Act (other than an Act repealed by this Act) included in that collective citation,<\/p>\n<p>shall be construed as including a reference to this Act, and<\/p>\n<p>(c) any reference in an enactment to\u2014<\/p>\n<p>(i) an Act that is included in the collective citation \u201cthe Conveyancing Acts 1881 to 1911\u201d and that is repealed by this Act, or<\/p>\n<p>(ii) any particular provision of such an Act,<\/p>\n<p>shall be construed as a reference to this Act or to the equivalent or substituted provision of this Act.<\/p>\n<p>&#8230;<\/p>\n<p>Savings as to pending proceedings and enforcement of certain judgments.<\/p>\n<p>17.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>F11[<\/p>\n<h4>Gifts in fraud of creditors.<\/h4>\n<p>18. Nothing in this Act shall be construed as validating, as against creditors of a spouse (in this section called the \u2018first-mentioned spouse\u2019), 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\u2019s creditors, and any such moneys so deposited or invested may be followed as if this Act had not been passed.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F11<br \/>\nSubstituted (16.11.2015) by Marriage Act 2015 (35\/2015), s. 17(d), S.I. No. 504 of 2015.<\/p>\n<h4>Consequential repeals.<\/h4>\n<p>19.\u2014The enactments mentioned in the Schedule are hereby repealed to the extent specified in the third column.<\/p>\n<h4>Short title and commencement.<\/h4>\n<p>20.\u2014(1) This Act may be cited as the Married Women\u2019s Status Act, 1957.<\/p>\n<p>(2) This Act shall come into operation on the first day of June, 1957.<\/p>\n<p>SCHEDULE<\/p>\n<p>Enactments Repealed<\/p>\n<p>Section 19.<\/p>\n<p>Session and Chapter or Number and Year.<\/p>\n<p>Short Title.<\/p>\n<p>Extent of Repeal.<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>11 Geo. 4 &amp; 1 Will. 4. c. 65.<\/p>\n<p>The Infants\u2019 Property Act, 1830 (extended to Ireland by the Infants\u2019 Property (Ireland) Act, 1835).<\/p>\n<p>Section 16, so far as it refers to married women.<\/p>\n<p>4 &amp; 5 Will. 4. c. 92.<\/p>\n<p>The Fines and Recoveries (Ireland) Act, 1834.<\/p>\n<p>Section 21;<\/p>\n<p>In section 38, the words from \u201cand if the tenant in tail\u201d to the end of the section;<\/p>\n<p>Section 43;<\/p>\n<p>Sections 68 to 81.<\/p>\n<p>4 &amp; 5 Vic. c. 20.<\/p>\n<p>The Excise Management Act, 1841.<\/p>\n<p>In section 7, the words \u201cwhose 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\u201d;<\/p>\n<p>The proviso to section 7.<\/p>\n<p>8 &amp; 9 Vic. c. 106.<\/p>\n<p>The Real Property Act, 1845.<\/p>\n<p>In section 6, the words from \u201cand every such disposition by a married woman\u201d to the end of the section.<\/p>\n<p>18 &amp; 19 Vic. c. 39.<\/p>\n<p>The Leasing Powers Act for Religious Worship in Ireland, 1855.<\/p>\n<p>In paragraph (5) of section 3, the words \u201cfor their separate use\u201d;<\/p>\n<p>Paragraphs (6) and (7) of section 3.<\/p>\n<p>20 &amp; 21 Vic. c. 57.<\/p>\n<p>The Married Women\u2019s Reversionary Interests Act, 1857.<\/p>\n<p>The whole Act.<\/p>\n<p>28 &amp; 29 Vic. c. 43.<\/p>\n<p>The Married Women\u2019s Property (Ireland) Act, 1865.<\/p>\n<p>The whole Act.<\/p>\n<p>33 &amp; 34 Vic. c. 46.<\/p>\n<p>The Landlord and Tenant (Ireland) Act, 1870.<\/p>\n<p>Section 60.<\/p>\n<p>40 &amp; 41 Vic. c. 18.<\/p>\n<p>The Settled Estates Act, 1877.<\/p>\n<p>Sections 50 and 51;<\/p>\n<p>In section 52, the words \u201cSubject to such examination as aforesaid\u201d.<\/p>\n<p>40 &amp; 41 Vic. c. 56.<\/p>\n<p>The County Officers and Courts (Ireland) Act, 1877.<\/p>\n<p>Section 65.<\/p>\n<p>44 &amp; 45 Vic. c. 41.<\/p>\n<p>The Conveyancing Act, 1881.<\/p>\n<p>Section 40;<\/p>\n<p>In subsection (1) of section 50, the words from \u201cand may, in like manner\u201d to the end of the subsection;<\/p>\n<p>In paragraph (i) of subsection (2) of section 65, the words from \u201cbut, in the case of a married woman\u201d to the end of the paragraph.<\/p>\n<p>44 &amp; 45 Vic. c. 49.<\/p>\n<p>The Land Law (Ireland) Act, 1881.<\/p>\n<p>Paragraph (4) of section 38.<\/p>\n<p>44 &amp; 45 Vic. c. 65.<\/p>\n<p>The Leases for Schools (Ireland) Act, 1881.<\/p>\n<p>In paragraph (d) of section 2, the words \u201cfor their separate use, and whether restrained or not from anticipation\u201d;<\/p>\n<p>Paragraphs (e) and (f) of section 2.<\/p>\n<p>45 &amp; 46 Vic. c. 38.<\/p>\n<p>The Settled Land Act, 1882.<\/p>\n<p>Section 61.<\/p>\n<p>45 &amp; 46 Vic. c. 39.<\/p>\n<p>The Conveyancing Act, 1882.<\/p>\n<p>Section 7.<\/p>\n<p>45 &amp; 46 Vic. c. 75.<\/p>\n<p>The Married Women\u2019s Property Act, 1882.<\/p>\n<p>The whole Act.<\/p>\n<p>47 &amp; 48 Vic. c. 14.<\/p>\n<p>The Married Women\u2019s Property Act, 1884.<\/p>\n<p>The whole Act.<\/p>\n<p>54 &amp; 55 Vic. c. 66.<\/p>\n<p>The Registration of Title Act, 1891.<\/p>\n<p>In subsection (1) of section 73, the words \u201cSubject to the provisions of this section\u201d;<\/p>\n<p>Subsection (2) of section 73.<\/p>\n<p>56 &amp; 57 Vic. c. 53.<\/p>\n<p>The Trustee Act, 1893.<\/p>\n<p>Section 16;<\/p>\n<p>In subsection (1) of section 45, the words from \u201cand notwithstanding\u201d to \u201canticipation\u201d.<\/p>\n<p>56 &amp; 57 Vic. c. 63.<\/p>\n<p>The Married Women\u2019s Property Act, 1893.<\/p>\n<p>The whole Act.<\/p>\n<p>7 Edw. 7. c. 18.<\/p>\n<p>The Married Women\u2019s Property Act, 1907.<\/p>\n<p>The whole Act.<\/p>\n<p>8 Edw. 7. c. 24.<\/p>\n<p>The Summary Jurisdiction (Ireland) Act, 1908.<\/p>\n<p>In paragraph (a) of subsection (1) of section 1 the word \u201cseparate\u201d.<\/p>\n<p>8 Edw. 7. c. 69.<\/p>\n<p>The Companies (Consolidation) Act, 1908.<\/p>\n<p>Section 128.<\/p>\n<p>1 &amp; 2 Geo. 5. c. 37.<\/p>\n<p>The Conveyancing Act, 1911.<\/p>\n<p>Section 7.<\/p>\n<p>6 &amp; 7 Geo. 5. c. 50.<\/p>\n<p>The Larceny Act, 1916.<\/p>\n<p>Section 36.<\/p>\n<p>No. 16 of 1927.<\/p>\n<p>The Industrial and Commercial Property (Protection) Act, 1927.<\/p>\n<p>In subsection (4) of section 166, the word \u201cseparate\u201d.<\/p>\n<h2>FAMILY LAW ACT 1995<\/h2>\n<h4>Determination of questions between spouses in relation to property.<\/h4>\n<p>36.\u2014(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.<\/p>\n<p>(2) On application to it under subsection (1), the court may\u2014<\/p>\n<p>(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<\/p>\n<p>(b) direct such inquiries, and give such other directions, in relation to the application,<\/p>\n<p>as the court considers proper.<\/p>\n<p>(3) Either spouse or a child of a deceased spouse (in this section referred to subsequently as \u201cthe plaintiff spouse\u201d) may make an application specified in subsection (1) where it is claimed that the other spouse (in this section referred to subsequently as \u201cthe defendant spouse\u201d) has had in his or her possession or under his or her control\u2014<\/p>\n<p>(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<\/p>\n<p>(b) property (other than money) to which, or to an interest in which, the plaintiff spouse was beneficially entitled,<\/p>\n<p>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.<\/p>\n<p>(4) Where an application under subsection (1) is made by virtue of subsection (3) and the court is satisfied that\u2014<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>and<\/p>\n<p>(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,<\/p>\n<p>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\u2014<\/p>\n<p>(i) such sum in respect of the money to which the application relates, or the plaintiff spouse\u2019s share thereof, or<\/p>\n<p>(ii) such sum in respect of the value of the property (other than money) referred to in paragraph (a), or the plaintiff spouse\u2019s interest therein,<\/p>\n<p>as the court considers proper.<\/p>\n<p>(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.<\/p>\n<p>(6) This section is without prejudice to section 2 (which prescribes the legal capacity of married women) of the Married Women\u2019s Status Act, 1957.<\/p>\n<p>(7) (a) Where a marriage\u2014<\/p>\n<p>(i) has been annulled F47[or dissolved] under the law of the State, or<\/p>\n<p>(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,<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(8) In this section references to a spouse include references to\u2014<\/p>\n<p>(a) a personal representative of a deceased spouse,<\/p>\n<p>(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,<\/p>\n<p>(c) either of the parties to a voidable marriage that has been annulled under the law of the State,<\/p>\n<p>F47[(cc) either of the parties to a marriage that has been dissolved under the law of the State,]<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F47<br \/>\nInserted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(m), commenced as per s. 1(2).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C7<br \/>\nApplication of section extended with modifications (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 44, commenced as per s. 1(2).<\/p>\n<p>Determination of questions between persons formerly engaged to each other in relation to property.<\/p>\n<p>44.\u2014Where 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.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11542\" data-postid=\"11542\" class=\"themify_builder_content themify_builder_content-11542 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Common Law Reformed A married woman was not capable of owning separate property under the common law.\u00a0 Her property was deemed owned by her husband. As a corollary to this, a husband was obliged to maintain his wife.\u00a0 She had the authority to pledge his credit for so-called necessaries. The Married Women\u2019s Property Act 1882 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[297],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11542"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11542"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11542\/revisions"}],"predecessor-version":[{"id":32957,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11542\/revisions\/32957"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11542"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11542"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11542"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}