Revised Laws of Saint Lucia (2021)

Section II   Covenants Excluding Community

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    (Substituted by Act 34 of 1956)

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    1300.   When the spouses stipulate that there shall be no community, or that they shall be separate as to property the effects of such stipulations are as follows:—

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      (1)     Subject to the provisions of article 1303 (which relate to actions in respect of delicts and quasi-delicts between husband and wife) the wife—

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        (a)     is capable of acquiring, holding and disposing of, any property; and

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        (b)     is capable of rendering herself, and being rendered, liable in respect of any delict, quasi-delict, contract, debt, or obligation; and

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        (c)     is capable of suing and being sued, either in respect of a delict or quasi-delict or in contract or otherwise;

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        (d)     is subject to the law relating to bankruptcy and to the enforcement of judgments and orders, in all respects as if she were unmarried.

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    (2)   The spouses are, for all purposes of acquisition of any interest in property, to be treated as two persons: Provided that nothing in this paragraph prevents a husband and wife from acquiring, holding, and disposing of, any property jointly or with right of survivorship between them, or from rendering themselves, or being rendered jointly liable in respect of any delict or quasi-delict, contract, debt or obligation, and of suing or being sued either in respect of a delict or quasi-delict or any contract or otherwise, in like manner as if they were not married.

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    1301.   All property which—

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      (a)     immediately before the commencement of this article was held by a woman married in separation of property as her separate property; or

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      (b)     belongs at the time of her marriage to a woman married after the commencement of this article who by her contract of marriage excludes community of property or declares that she is to be married in separation of property; or

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      (c)     after the commencement of this article is acquired by or devolves upon a married woman who by her contract of marriage has excluded community or declared that she is to be married in separation of property, shall belong to her in all respects as if she were an unmarried woman and may be disposed of accordingly.