Married Persons (Equality of Status) Act 2011 (NI)

NORFOLK ISLAND

Married Persons (Equality of Status) Act 2011

Act No. 17 of 2011 ____________________________________________________________

An Act to provide for the Equality of Status of Married Persons and to repeal the Married Women's Property Act 1931 and for related purposes [Assented to 22 November 2011] BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows —

PART 1 ─ PRELIMINARY

Short title 1. This Act is the Married Persons (Equality of Status) Act 2011.

Commencement 2. This Act commences on the day on which notification of assent is published in the Gazette.

PART 2 ─ EQUALITY OF STATUS

Division 1  General rule

Spouses have legal capacity as if they were not married 3. (1) A married person  (a) has legal capacity for all purposes and in all respects as if that person were unmarried; and (b) has a legal personality that is independent, separate and distinct from that of the person's spouse. (2) This section does not affect any specific laws in relation to a minor.

Division 2  Specific examples

Spouses can sue each other in tort 4. A husband and wife each has a right of action in tort against the other as if they were not married. Criminal and civil action in respect of spouse's property 5. A married person is entitled to civil and criminal redress against the person's spouse for the protection of his or her property as if that person were not married.

Married person has no authority to act as agent of necessity 6. A married person does not, by reason only of the person's status as a spouse, have the authority to pledge the credit of the other spouse for necessaries or to act as agent for the other spouse for the purchase of necessaries.

Married person not liable for debts of spouse incurred before marriage 7. Subject to any agreement to the contrary, a married person is not liable for any debt incurred by the person's spouse before their marriage.