Part 15Family property
198Abolition of husband's duty to maintain wife
The rule of common law that a husband must maintain his wife is abolished.
199Abolition of presumption of advancement
1
The presumption of advancement (by which, for example, a husband is presumed to be making a gift to his wife if he transfers property to her, or purchases property in her name) is abolished.
2
The abolition by subsection (1) of the presumption of advancement does not have effect in relation to—
a
anything done before the commencement of this section, or
b
anything done pursuant to any obligation incurred before the commencement of this section.
200Amendment of Married Women's Property Act 1964
1
In section 1 of the Married Women's Property Act 1964 (money and property derived from housekeeping allowance made by husband to be treated as belonging to husband and wife in equal shares)—
a
for “the husband for” substitute “
either of them for
”
, and
b
for “the husband and the wife” substitute “
them
”
.
2
Accordingly, that Act may be cited as the Matrimonial Property Act 1964.
3
The amendments made by this section do not have effect in relation to any allowance made before the commencement of this section.
201Civil partners: housekeeping allowance
1
After section 70 of the Civil Partnership Act 2004 insert—
70AMoney and property derived from housekeeping allowance
Section 1 of the Matrimonial Property Act 1964 (money and property derived from housekeeping allowance to be treated as belonging to husband and wife in equal shares) applies in relation to—
a
money derived from any allowance made by a civil partner for the expenses of the civil partnership home or for similar purposes, and
b
any property acquired out of such money,
as it applies in relation to money derived from any allowance made by a husband or wife for the expenses of the matrimonial home or for similar purposes, and any property acquired out of such money.
2
The amendment made by this section does not have effect in relation to any allowance made before the commencement of this section.