ARRANGEMENT OF SECTIONS
1. Short title
3. Application of the Act
Abolition of Marital Power
4. Abolition of marital power
5. Effect of abolition of marital power
Provisions Regarding Marriages in Community of Property
6. Application of this Part
7. Equal powers of spouses married in community of property
8. Spouse's juristic act not subject to other spouse's consent
9. Acts requiring consent of spouse
10. Consequences of act performed without the required consent
11. Acts not requiring other spouse's consent
12. Want of consent and suspension of power of spouse
13. Litigation by or against spouses
Provisions Regarding Marriages Out of Community of Property
14. Liability for household necessaries
15. Joint acquisition of property
Provisions Regarding Domicile of Married Women and Domicile and Guardianship of Minor Children
16. Domicile of married women
17. Domicile of minor children
18. Guardianship of minor children
19. Transitional Provisions
Act 34, 2004,
S.I. 30, 2005.
An Act to provide for the abolition of marital power, to amend the matrimonial property law of marriages, to provide for the domicile of married women, to provide for the domicile and guardianship of minor children and to provide for matters incidental thereto.
[Date of Commencement: 1st May, 2005]
Preliminary (ss 1-3)
This Act may be cited as the Abolition of Marital Power Act.
In this Act, unless the context otherwise requires-
"court" means a magistrate's court or the High Court; and
"joint estate" means the estate of a husband and wife married in community of property.
This Act shall not apply to customary and religious marriages.
Abolition of Marital Power (ss 4-5)
(1) Subject to the provisions of this Act-
(a) the common law rule in terms of which a husband acquires the marital power over the person and property of his wife is hereby abolished; and
(b) the marital power which a husband had over the person and property of his wife immediately before the commencement of this Act is hereby abolished.
(2) The abolition of the marital power under subsection (1)(b) shall not affect the legal consequences of any act done, omission or fact existing before such abolition.
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