Married Persons (Equality of Status) Act 1996 (NSW)

Married Persons (Equality of Status) Act 1996 No 96

An Act to make further provision with regard to the equality of legal status of married persons; to repeal the Married Persons (Property and Torts) Act 1901; to amend consequentially the Supreme Court Act 1970; and for related purposes.

Part 1 Preliminary

1 Name of Act This Act is the Married Persons (Equality of Status) Act 1996.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Notes Notes in this Act do not form part of the Act.

Part 2 Equality of status

Division 1 General rule

4 Spouses have legal capacity as if they were not married (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

5 Spouses can sue each other in tort Spouses (including a husband and wife) each have a right of action in tort against the other as if they were not married.

6 Criminal and civil action in respect of spouse's property 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.

7 Married person has no authority to act as agent of necessity 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.

8 Married person not liable for debts of spouse incurred before marriage 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.