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LAW REFORM (HUSBAND AND WIFE) ACT (NORTHERN IRELAND) 1964

LAW REFORM (HUSBAND AND WIFE) ACT (NORTHERN IRELAND) 1964 - LONG
TITLE

An Act to amend the law as to actions in tort between husband and
wife; to extend the powers of the court under section 17 of the
Married Women's Property Act 1882; to make provision with respect to
certain contracts of insurance and other contracts for the benefit
of a spouse or child and with respect to criminal proceedings by
or against a spouse; and for purposes connected with matters
aforesaid.
[7th July 1964]
Application of Act.

LAW REFORM (HUSBAND AND WIFE) ACT (NORTHERN IRELAND) 1964 - SECT 1

1.(1) Save where otherwise appears, this Act applies to persons
whether married before or after the commencement of this Act.

(2) Section 2 shall not apply to any cause of action in tort
which arose, or would but for the subsistence of a marriage have
arisen, before the commencement of this Act.

LAW REFORM (HUSBAND AND WIFE) ACT (NORTHERN IRELAND) 1964 - SECT 2
Actions in tort between husband and wife.

2.(1) Each of the parties to a marriage shall have the like right
of action in tort against the other as if they were not married.

(2) The reference in subsection (1) to the parties to a marriage
includes a reference to the persons who were parties to a marriage
which has been dissolved.

LAW REFORM (HUSBAND AND WIFE) ACT (NORTHERN IRELAND) 1964 - SECT 3
Extension of s.17 of Married Women's Property Act.

3.(1) Any right of a wife, under section 17 of the Married Women's
Property Act 1882 to apply to a judge of the High Court or of a
county court, in any question between husband and wife as to the
title to or possession of property, shall include the right to make
such an application where it is claimed by the wife that her
husband has had in his possession or under his control

(a)money to which, or to a share of which, she was beneficially
entitled (whether by reason that it represented the proceeds of
property to which, or to an interest in which, she was beneficially
entitled, or for any other reason); or

(b)property (other than money) to which, or to an interest in
which, she was beneficially entitled;

(2) Where, on an application made to a judge of the High Court or
of a county court under the said section 17 the judge is satisfied

(a)that the husband has had in his possession or under his control
money or other property as mentioned in paragraph (a) or paragraph
(b) of subsection (1); and

(b)that he has not made to the wife, in respect of that money or
other property, such payment or disposition as would have been just
and equitable in the circumstances;

(3) Where subsection (2) applies, the power to make orders under
the said section 17 shall include power for the judge to order the
husband to pay to the wife

(a)in a case falling within paragraph (a) of subsection (1), such
sum in respect of the money to which the application relates, or
the wife's share thereof, as the case may be; or

(b)in a case falling within paragraph (b) of subsection (1), such
sum in respect of the value of the property to which the
application relates, or the wife's interest therein, as the case may
be;

(4) Where on an application under the said section 17 it appears
to the judge that there is any property which

(a)represents the whole or part of the money or property in
question; and

(b)is property in respect of which an order could have been made
under that section if an application had been made by the wife
thereunder in a question as to the title to or possession of that
property;

(5) The preceding provisions of this section shall have effect in
relation to a husband as they have effect in relation to a wife,
as if any reference to the husband were a reference to the wife
and any reference to the wife were a reference to the husband.

(6) Any power of a judge under the said section 17 to direct
inquiries or give any other directions in relation to an application
under that section shall be exercisable in relation to an
application made under that section as extended by this section; and
the provisos to that section (which relate to appeals and other
matters) shall apply in relation to any order made under the said
section 17 as extended by this section as they apply in relation
to an order made under that section apart from this section.

(7) For the avoidance of doubt it is hereby declared that any
power conferred by the said section 17 to make orders with respect
to any property includes power to order a sale of the property
....

LAW REFORM (HUSBAND AND WIFE) ACT (NORTHERN IRELAND) 1964 - SECT 4
Insurance for benefit of spouse or children.

4.(1) This section applies to a policy of life assurance or
endowment expressed to be for the benefit of, or by its express
terms purporting to confer a benefit upon, the wife, husband or
child of the insured.

(2) Such policy shall create a trust in favour of the objects
therein named.

(3) The moneys payable under the policy shall not, so long as any
part of the trust remains unperformed, form part of the estate of
the insured or be subject to his or her debts.

(4) If it is proved that the policy was effected and the premiums
paid with intent to defraud the creditors of the insured, they
shall be entitled to receive, on account of their debts, payment
out of the moneys payable under the policy, so, however, that the
total amount of such payments shall not exceed the amount of the
premiums so paid.

(5) The insured may by the policy, or by any memorandum under his
or her hand, appoint a trustee or trustees of the moneys payable
under the policy, and may from time to time appoint a new trustee
or new trustees thereof, and may make provision for the appointment
of a new trustee or trustees thereof and for the investment of the
moneys payable under the policy.

(6) In default of any such appointment of a trustee, the policy,
immediately on its being effected, shall vest in the insured and
his or her legal personal representatives in trust for the purposes
aforesaid.

(7) The receipt of a trustee or trustees duly appointed or, in
default either of any such appointment or of notice thereof to the
insurer, the receipt of the legal personal representative of the
insured shall be a good discharge to the insurer for any sum paid
by him under the policy.

(8) This section applies whether the policy was effected before or
after the commencement of this Act.

LAW REFORM (HUSBAND AND WIFE) ACT (NORTHERN IRELAND) 1964 - SECT 5
Contracts for benefit of spouse or children.

5.(1) Where a contract (other than a contract to which section 4
applies) is expressed to be for the benefit of, or by its express
terms purports to confer a benefit upon, a third person being the
wife, husband or child of one of the contracting parties, it shall
be enforceable by the third person in his or her own name as if
he or she were a party to it.

(2) The right conferred on a third person by this section shall be
subject to any defence that would have been valid between the
parties to the contract.

(3) Unless the contract otherwise provides, it may be rescinded by
agreement of the contracting parties at any time before the third
person has adopted it either expressly or by conduct.

(4) This section applies whether the contract was made before or
after the commencement of this Act.

LAW REFORM (HUSBAND AND WIFE) ACT (NORTHERN IRELAND) 1964 - SECT 6
Meaning of ""child'' in sections 4 and 5.

6.(1) For the purposes of sections 4 and 5

(a)"child" includes stepchild, illegitimate child, adopted person and
a person of whom, in the case of section 4 the insured, and in
the case of section 5 the contracting party, is the lawful
guardian;

(b)an illegitimate child shall be treated as the legitimate child of
his mother and natural father; and

(c)an adopted person shall be treated as the child of the person
or persons by whom he was adopted and not as the child of any
other person.

(2) In this section "adopted" includes:

(a)adopted in pursuance of an adoption order made under the Adoption
of Children Act (Northern Ireland) 1950 or any previous enactment
relating to children or any corresponding enactment in force at the
time of the adoption in any other part of the United Kingdom, or
in the Channel Islands or the Isle of Man;

(b)adopted under the law for the time being in force in any other
country where

(i)under that law the adoption operates to effect substantially the
same change in status, relative to one another, of the parties to
the adoption as any adoption duly made pursuant to any such an
order as is referred to in paragraph (a) would effect;

(ii)the parties to the adoption were then resident in that country.

(3) For the purposes of any proceedings under section 4 or section
5 an adoption authorised by any such an order as is referred to
in subsection (2)(a) may be proved by the production of any
document which is receivable as evidence of the order in the
country where the order is made.

LAW REFORM (HUSBAND AND WIFE) ACT (NORTHERN IRELAND) 1964 - SECT 7
Criminal proceedings for protection of property of married persons.

7.(1) Every married woman shall have in her own name against all
persons whomsoever, including her husband, the same remedies and
redress by way of criminal proceedings for the protection and
security of her property as if she were unmarried.

(2) A husband shall have against his wife the same remedies and
redress by way of criminal proceedings for the protection and
security of his property as if she were not his wife.

(3) In any criminal proceedings to which this section relates
brought against one spouse, the other spouse may, notwithstanding
anything to the contrary in any enactment or rule of law, be
called as a witness either for the prosecution or defence and
without the consent of the person charged.

(4) In any indictment or process grounding criminal proceedings in
relation to the property of a married woman, it shall be sufficient
to allege the property to be her property.

LAW REFORM (HUSBAND AND WIFE) ACT (NORTHERN IRELAND) 1964 - SECT 8
Saving as to pending proceedings.

8. Nothing in this Act shall affect any legal proceedings instituted
before the commencement of this Act.

S.9 rep. by SLR 1973

LAW REFORM (HUSBAND AND WIFE) ACT (NORTHERN IRELAND) 1964 - SECT 10
Short title.

10. This Act may be cited as the Law Reform (Husband and Wife)
Act (Northern Ireland) 1964.

Schedule rep. by SLR 1973