Revised Laws of Saint Lucia (2021)

Section III   Supplemental provisions as to married persons and their property

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    (Substituted by Act 34 of 1956)

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    1302.   The husband of a married woman shall not, by reason only of his being her husband, be liable—

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      (a)     in respect of any delict or quasi-delict committed by her whether before or after the marriage or in respect of any contract entered into, or debt or obligation incurred, by her before the marriage; or

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      (b)     to be sued, or made a party to any legal proceeding brought, in respect of any such delict, quasi-delict, contract, debt, or obligation. (Amended by Act 13 of 1989)

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    1303.   Every married woman, whether married before or after the coming into operation of this article shall have in her own name against all persons whomsoever, including her husband, the same civil remedies, for the protection and security of her own property as if she were an unmarried woman, but, except as aforesaid, no husband or wife shall be entitled to sue the other in respect of a delict or quasi-delict.

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    1304.   

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      (1)     A married woman is able to acquire as well from her husband, as from any other person, and hold, any interest in property movable or immovable either solely or jointly with any other person (whether or not including her husband) as a trustee or personal representative, in like manner as if she were an unmarried woman; and no interest in such property shall vest or be deemed to have vested in the husband by reason only of the acquisition by his wife.

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      (2)     A married woman is able, without her husband, to dispose of, or to join in disposing of, any interest in real or personal property held by her solely or jointly with any other person (whether or not including her husband) as trustee or personal representative, in like manner as if she were an unmarried woman.

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      (3)     This article does not prejudicially affect any beneficial interest of the husband of any such woman.

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    1305.   A married woman, her husband, or any interested person may petition the Judge for the determination of any question affecting the rights, interests, obligations or liabilities of such married woman and the Judge may make such order, if any, or give such directions, if any, as he may consider just and proper in the circumstances.

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    1306.   Whenever a husband or wife is legally incapable through minority or otherwise, he or she must be represented or authorised in the manner required by the law for the time being in force relating to minority or to such other incapacity as the case may be.

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    1307.   Save as otherwise herein expressly provided, the provisions of this Book shall apply as the case may be to a married woman whether married before or after the 1st day of January 1931.

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    1308–1381.   (Repealed by Act 34 of 1956)

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