Law Reform (Husband and Wife) (Scotland) Act 1984

Abolition of miscellaneous rules relating to husband and wife S

3 Curatory after marriage. S

(1) No married person shall, only of minority, be subject to the curatory of his parent or of any person appointed by his parent.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Section 2 of the Married Women’s Property (Scotland) M1 Act 1920 (husband to be curator to his wife during her minority) is repealed.

Textual Amendments

F1 S. 3(2) repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table

Marginal Citations

M1 1920 c. 64.

4 Abolition of husband’s right to choose matrimonial home. S

Any rule of law entitling the husband, as between husband and wife, to determine where the matrimonial home is to be, shall cease to have effect.

5 Abolition of certain rules relating to antenuptial marriage contracts. S

(1) In relation to an antenuptial contract of marriage entered into after this Act comes into force—

(a) any rule of law enabling a woman to create an alimentary right in her own favour in respect of any property provided by her shall cease to have effect;

(b) any rule of law whereby the marriage is onerous consideration for any provision of the contract, shall cease to have effect.

(2) Nothing in paragraph (b) of subsection (1) above shall affect the operation of any enactment relating to gifts in consideration of marriage.

6 Abolition of husband’s remaining liability for wife’s debts incurred before marriage. S

(1) A husband shall not be liable, by reason only of being her husband, for any debts incurred by his wife before marriage.

(2) Subsection (1) above shall have effect in relation to any such debts, whether incurred before or after this Act comes into force.

(3) Section 4 of the Married Women’s Property (Scotland) M2 Act 1877 (liability of husband for wife’s antenuptial debts limited to amount of property received through her) is repealed.

Marginal Citations

M2 1877 c. 29.

7 Abolition of praepositura. S

(1) For the purpose of determining a husband’s liability for any obligation incurred by his wife after this Act comes into force, a married woman shall not be presumed as a matter of law to have been placed by her husband in charge of his domestic affairs, and any rule of law to the contrary shall cease to have effect.

(2) No warrant of inhibition or inhibition in whatever form may be granted at the instance of a husband for the purpose of cancelling his wife’s authority to incur any obligation on his behalf.

(3) No such inhibition granted before the date this Act comes into force shall be registered on or after that date, and any such inhibition registered before that date shall be treated as discharged on that date.

8 Abolition of husband’s liability for wife’s judicial expenses when neither a party nordominus litis. S

Any rule of law whereby a husband—

(a) who is not a party to an action between his wife and a third party, and

(b) who is not, in relation to that action,dominus litis,

may nevertheless be found liable in the expenses of that action, shall cease to have effect.