MARRIED PERSONS (EQUALITY OF STATUS) ACT 1989

NORTHERN TERRITORY OF AUSTRALIA MARRIED PERSONS (EQUALITY OF STATUS) ACT 1989 As in force at 6 December 2018 Table of provisions 1 Short title ......................................................................................... 1 2 Non-application of Act ..................................................................... 1 3 Equality of status ............................................................................. 1 4 Interspousal tort ............................................................................... 1 5 Spouse as agent.............................................................................. 2 6 Repeal ............................................................................................. 2 7 Amendment of other Acts ................................................................ 2 Schedule ENDNOTES -- 1 of 6 -- -- 2 of 6 -- 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 1 Short title This Act may be cited as the Married Persons (Equality of Status) Act 1989. 2 Non-application of Act This Act does not apply to a cause of action arising before the commencement of this Act. 3 Equality 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. 4 Interspousal 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. -- 3 of 6 -- Married Persons (Equality of Status) Act 1989 2 5 Spouse 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. 6 Repeal (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. 7 Amendment of other Acts The provisions of the Acts specified in the Schedule are amended or repealed as provided in that Schedule. -- 4 of 6 -- Schedule Married Persons (Equality of Status) Act 1989 3 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 -- 5 of 6 -- ENDNOTES Married Persons (Equality of Status) Act 1989 4 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 -- 6 of 6 --