- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Law Reform (Husband and Wife) (Scotland) Act 1984, Cross Heading: Abolition of miscellaneous rules relating to husband and wife.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(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2 of the Married Women’s Property (Scotland) M1Act 1920 (husband to be curator to his wife during her minority) is repealed.
Textual Amendments
F1S. 3(2) repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.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
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.
(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.
(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) M2Act 1877 (liability of husband for wife’s antenuptial debts limited to amount of property received through her) is repealed.
Marginal Citations
(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.
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: