Married Persons (Equality of Status) Act 1989 (NT)

NORTHERN TERRITORY OF AUSTRALIA

Married Persons (Equality of Status) ACT 1989

As in force at 6 December 2018

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Short title2 — Non-application of Act3 — Equality of status4 — Interspousal tort5 — Spouse as agent6 — Repeal7 — Amendment of other ActsScheduleENDNOTES northern territory of australia

northern territory of australia

As in force at 6 December 2018

Married Persons (Equality of Status) act 1989

An Act to provide for the Equality of Status of Married Persons, to repeal the Married Women's Property Act and the Married Persons (Torts) Act, and to amend certain other Acts

1Short title

This Act may be cited as the Married Persons (Equality of Status) Act 1989.

2Non-application of Act

This Act does not apply to a cause of action arising before the commencement of this Act.

3Equality of status

• (1)

  A married person has legal capacity for all purposes and in all respects as if that person were an unmarried person.

• (2)

  For all purposes of the law in force in the Territory a married person has a legal personality that is independent, separate and distinct from that of the person’s spouse.

• (3)

  This section does not apply to, interfere with or render inoperative any restriction on anticipation or alienation attached to the enjoyment of any property by virtue of an instrument executed before the commencement of this Act and for that purpose:

  • (a)

    a provision contained in an instrument made in exercise of a special power of appointment shall be deemed to be contained in the instrument in which the power was created; and

  • (b)

    the will of a testator or testatrix shall be deemed to be an instrument executed on the day of his or her death.

  4Interspousal tort

  Without limiting the generality of section 3, spouses each have a right of action in tort against the other as if they were not married.

5Spouse as agent

Without limiting the generality of section 3, a person does not, by reason only of the person’s status as a spouse, have authority to pledge the credit of the person’s spouse for necessaries or to act as agent for the person’s spouse for the purchase of necessaries.

6Repeal

• (1)

  The Married Persons (Torts) Act 1969 (Ordinance No. 46 of 1969) is repealed.

• (2)

  The Married Women’s Property Act comprising the following Acts of the state of South Australia in their application to the Territory as laws of the Territory:

  • (a)

    The Married Women’s Property Act, 1883-4 (Act No. 300 of 1883);

  • (b)

    The Married Women’s Property Amendment Act, 1898 (Act No. 701 of 1898); and

  • (c)

    The Married Women’s Property Amendment Act, 1902 (Act No. 796 of 1902),

  and the Married Women’s Property Ordinance 1969 of the Northern Territory (Ordinance No. 45 of 1969) are repealed.

7Amendment of other Acts

The provisions of the Acts specified in the Schedule are amended or repealed as provided in that Schedule.

Schedule

section 7

Act and Provision	Amendment
Domicile Act 1979
Section 5	The section is repealed and the following substituted:
"5.   MARRIED WOMEN
"The same rule applies to determine the domicile of a married woman as for a married man."
Guardianship of Infants Act 1972
Section 22	The section is repealed
Law Reform (Miscellaneous Provisions) Act 1956
Part III	The Part is repealed
Trustee Act 1983
Section 16	The section is repealed
Section 69	The section is repealed

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Married Persons (Equality Of Status) Act 1989 (Act No. 76 1989)
Assent date	12 December 1989
Commenced	12 December 1989
Births, Deaths and Marriages Registration and Other Legislation Amendment 2018 (Act No. 30, 2018)
Assent date	5 December 2018
Commenced	6 December 2018 (s 2)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: sch 1.

• 4

  LIST OF AMENDMENTS

s 4                     amd No. 30, 2018, s 28

s 5                     amd No. 30, 2018, s 29