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Marriage Introduction Rights and Duties of Husband and Wife
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| [ Publication date Jan 01, 2001 ] |
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"Marriage is an eye-opener."
- Each party to the marriage has these legal rights and duties:
- Duty to maintain the union;
- Duty to care and provide for the children of the marriage;
- Equal rights in running the household;
- The right to separately engage in any trade, profession or social activities;
- For the married woman, the right to use her own surname and name.
- A married woman is capable of:
- Acquiring, holding or disposing of any of her property;
- Being liable in respect of any tort, contract, debt or obligation;
- Suing or being sued in her own name;
- Being subject to bankruptcy laws and to the enforcement of judgements or orders.
- On a man's bankruptcy, any loan made by his wife to him for his trade or business is:
- subject to his creditors having priority;
- recoverable as a dividend from his estate
- Housekeeping allowance given by a husband (in the absence of any agreement to the contrary):
- Shall belong to both parties equally; and
- Any property acquired out of such money shall also belong to both parties in equal shares.
So women out there, do take note that your “marketing” money belongs as much as to your husband as it does to you! - Gifts made by the husband to the wife belong to the wife absolutely. But where the husband deals with such gifts (by selling, investing or mortgaging), then as against the husband's creditors, such gifts will be treated as still belonging to the husband.
- Every married woman shall have in her own name, against all persons (including her husband), the same civil remedies and also the same redress by way of criminal proceedings for the prosecution of her own property except in the following circumstances:
- Whilst the married parties are living together, there shall be no criminal proceedings against one or the other concerning any property claimed by either one of them;
- Even while the parties are living apart, there shall be no criminal proceedings against one or the other for acts concerning property acquired by either one of them while they were living together, unless such property has been wrongly removed by one party when leaving or deserting the other.
- Each party continues to be liable for all debts and liabilities contracted before her marriage.
- Each party has a right to bring an action in tort against the other, but the Court may postpone the action if it appears that neither party will benefit from such an action.
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