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CIVIL CODE OF SAINT LUCIA
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CHAPTER SIXTH THE RESPECTIVE RIGHTS OF HUSBAND AND WIFE

Revised Laws of Saint Lucia (2021)

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CHAPTER SIXTH
THE RESPECTIVE RIGHTS OF HUSBAND AND WIFE

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    143.   Husband and wife mutually owe each other fidelity, succour and assistance.

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    144.   Husband and wife owe mutual protection to each other. (Substituted by Act 13 of 1989)

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    145   The spouses shall live wherever they both agree to reside but neither spouse shall be entitled to institute any proceedings to compel the other spouse to reside with him or her or to place a spouse in the custody of the other. Either spouse is bound to supply to the other with the necessities of life according to his or her means. (Substituted by Act 13 of 1989)

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    146.   

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      (1)     A married woman separate as to property can alone sue or be sued or appear in judicial proceedings, as if she were not married.

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      (2)     A wife married in community can alone sue or be sued or appear in judicial proceedings in respect of her separate property, rights or liabilities, or of a delict to or by her, as if she were not married.

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      (3)     In litigation, however, with third parties as to community property, rights and liabilities, the husband is, nevertheless, to represent the community and his wife, unless it is otherwise provided or the wife alone is authorised by the Judge to represent the community or to appear owing to the absence, incapacity or refusal of her husband.

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      (4)     The Court, Judge, Magistrate or other judicial officer or any person who hears or has to determine any action or matter which in his or her opinion may affect the rights or interests of a married woman even if she is common as to property may at any time before determining such action or matter on his own motion or on application by the married woman or on her behalf or by any other person require the presence of such married woman before him or her to answer such questions or to give such information as he or she may consider proper and he or she may authorise her to appear or be represented in such action or proceedings. (Added by Acts 14 of 1930 as Substituted Act 34 of 1956)

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    147.   

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      (1)     The separate property of a married woman is no longer subject to the right of administration of her husband which is wholly abolished.

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      (2)     Marital consent or authorisation is no longer necessary for any act or contract by a married woman respecting her separate property.

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           (Added by Acts 14 of 1930 as substituted by Act 34 of 1956)

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    148.   

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      (1)     A married woman can alone accept, receive, administer, use, alienate and dispose of her separate property as if she were not married.

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      (2)     A married woman is alone capable of entering into contracts and of incurring obligations and thereby binding her separate property as if she were not married.

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      (3)     A married woman can alone execute any deed or writing relating to her separate property as if she were not married.

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           (Added by Acts 14 of 1930 as substituted by Act 34 of 1956)

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    149–153.   (Repealed by Act 34 of 1956)

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    154.   A wife may make a will without the authorisation of her husband.

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    154A.   A person shall not be disqualified by sex or marriage from the exercise of any public function or from being appointed to or holding any civil or judicial office or post, or from entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society (whether incorporated by Royal Charter or otherwise):

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    Provided that this article shall in no way derogate from the right of Her Majesty by Order in Council to authorise regulations to be made providing for and prescribing the mode of the admission of women to the civil service of Her Majesty and the conditions on which women admitted to that service may be appointed to or continue to hold posts therein, and giving power to reserve to men any branch of or post in the civil service. (Added by Act 34 of 1956)

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