Advanced Search

Abolition Of Marital Power - Abolition Of Marital Power (Ss 4-5)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

 

4.       Abolition of marital power

 

            (1) Subject to the provisions of this Act-

     (a)     the common law rule in terms of which a husband acquires the marital power over the person and property of his wife is hereby abolished; and

     (b)     the marital power which a husband had over the person and property of his wife immediately before the commencement of this Act is hereby abolished.

            (2) The abolition of the marital power under subsection (1)(b) shall not affect the legal consequences of any act done, omission or fact existing before such abolition.

 

5.       Effect of abolition of marital power

 

            The effect of the abolition of marital power is to remove the restrictions which the marital power places on the legal capacity of a wife and abolishes the common law position of the husband as head of the family.