Married Women (Restraint upon Anticipation) Act 1949

JurisdictionUK Non-devolved
Citation1949 c. 78


Married Women (Restraint upon Anticipation) Act, 1949

(12, 13 & 14 Geo. 6) CHAPTER 78

An Act to render inoperative any restriction upon anticipation or alienation attached to the enjoyment of property by a woman.

[16th December 1949]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Abolition of restraint upon anticipation, and consequential amendments and repeals.

1 Abolition of restraint upon anticipation, and consequential amendments and repeals.

(1) No restriction upon anticipation or alienation attached, or purported to be attached, to the enjoyment of any property by a woman which could not have been attached to the enjoyment of that property by a man shall be of any effect after the passing of this Act.

(2) The preceding subsection shall have effect whatever is the date of the passing, execution or coming into operation of the Act or instrument containing the provision by virtue of which the restriction was attached or purported to be attached, and accordingly in section two of the Law Reform (Married Women and Tortfeasors) Act, 1935 and (3) (which make provision differentiating as to the operation of such a restriction between an Act passed before the passing of that Act or an instrument executed before the date mentioned in the said proviso on the one hand and an instrument executed on or after that date on the other hand) are hereby repealed.

(3) The enactments mentioned in the first column of the First Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule.

(4) The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

S-2 Short title and extent.

2 Short title and extent.

(1) This Act may be cited as the Married Women (Restraint upon Anticipation) Act, 1949 .

(2) This Act shall not extend to Scotland or to Northern Ireland.

S C H E D U L E S

FIRST SCHEDULE

Consequential Amendments

The Married Women's Property Act, 1882.

(45 & 46 Vict. c. 75).

In section nineteen, the words from ‘or shall interfere’ to ‘before marriage’ shall be repealed, and the word ‘but’ shall be substituted for the word ‘and’ where it occurs...

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