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Abolish the common law duty of a husband to maintain his wife; to abolish |
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the presumption of advancement in relation to married or engaged couples; to |
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amend the Married Women’s Property Act 1964; and to make provision as |
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regards property derived from an allowance made by a civil partner for the |
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expenses of a civil partnership home or for similar purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Abolition of husband’s duty to maintain wife |
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The rule of common law that a husband must maintain his wife is abolished. |
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2 | Abolition of presumption of advancement |
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(1) | The presumption of advancement (by which, for example, a husband is |
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presumed to be making a gift to his wife if he transfers property to her, or |
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purchases property in her name) is abolished in relation to married or engaged |
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(2) | The abolition by subsection (1) of the presumption of advancement does not |
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have effect in relation to— |
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(a) | anything done before the commencement of this section, or |
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(b) | anything done pursuant to any obligation incurred before the |
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commencement of this section. |
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3 | Amendments of Married Women’s Property Act 1964 |
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(1) | In section 1 of the Married Women’s Property Act 1964 (c. 19) (money and |
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property derived from housekeeping allowance made by husband to be |
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treated as belonging to husband and wife in equal shares)— |
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(a) | for “the husband for” substitute “either of them for”, and |
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(b) | for “the husband and the wife” substitute “them”. |
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(2) | Accordingly, that Act may be cited as the Matrimonial Property Act 1964. |
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(3) | The amendments of the Married Women’s Property Act 1964 (c. 19) made by |
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this section do not have effect in relation to any allowance made before the |
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commencement of this section. |
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4 | Civil partners: housekeeping allowance |
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(1) | The Civil Partnership Act 2004 (c. 33) is amended as follows. |
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(2) | After section 70 there is inserted— |
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“70A | Money and property derived from housekeeping allowance |
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| Section 1 of the Matrimonial Property Act 1964 (money and property |
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derived from housekeeping allowance to be treated as belonging to |
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husband and wife in equal shares) applies in relation to— |
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(a) | money derived from any allowance made by a civil partner for |
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the expenses of the civil partnership home or for similar |
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(b) | any property acquired out of such money, |
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| as it applies in relation to money derived from any allowance made by |
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a husband or wife for the expenses of the matrimonial home or for |
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similar purposes, and any property acquired out of such money.” |
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(3) | After section 194 there is inserted— |
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“194A | Money and property derived from housekeeping allowance |
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| Article 18 of the Law Reform (Miscellaneous Provisions) (Northern |
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Ireland) Order 2005 (money and property derived from housekeeping |
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allowance to be treated as belonging to parties to a marriage in equal |
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shares) applies in relation to— |
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(a) | money derived from any allowance made by a civil partner for |
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the expenses of the civil partnership home or for similar |
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(b) | any property acquired out of such money, |
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| as it applies in relation to money derived from any allowance made by |
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a party to a marriage for the expenses of the matrimonial home or for |
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similar purposes, and any property acquired out of such money.” |
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(4) | The amendments of the Civil Partnership Act 2004 made by this section do not |
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have effect in relation to any allowance made before the commencement of this |
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5 | Short title, commencement and extent |
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(1) | This Act may be cited as the Family Law (Property and Maintenance) Act 2005. |
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(2) | This Act (except this section) shall come into force on such day as the Secretary |
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of State may by order made by statutory instrument appoint. |
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(3) | Subject to subsections (4) and (5), this Act extends to England and Wales only. |
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(4) | Section 4(3) extends to Northern Ireland only. |
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(5) | The following provisions extend to England and Wales and Northern |
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(a) | section 4(1) and (4); |
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