(LRC Revised)

Number 5 of 1957.

MARRIED WOMEN’S STATUS ACT 1957

REVISED

Updated to 1 February 2019

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Married Women’s Status Act 1957

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Local Government Act 2019

(1/2019), enacted 25 January 2019, and all statutory instruments up to and including

Brown Crab (Conservation Of Stocks) Regulations 2019

(S.I. No. 26 of 2019), made 1 February 2019, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

5

of

1957.

MARRIED WOMEN’S STATUS ACT 1957.

REVISED

Updated to 1 February 2019

ARRANGEMENT OF SECTIONS

Section

1.

Application of Act.

2.

Capacity of married women.

3.

Property of married women.

4.

Joint capacity of [spouses of each other].

5.

Property rights of husband and wife.

6.

Abolition of restraint upon anticipation.

7.

Insurance for benefit of spouse or children.

8.

Contracts for benefit of spouse or children.

9.

Criminal proceedings for protection of property of married persons.

10.

Wife’s antenuptial debts and liabilities.

11.

Abolition of husband’s liability for wife’s torts, contracts, debts and obligations.

12.

Determination of questions between husband and wife as to property.

13.

Saving for settlements.

14.

Breaches of trust by married women.

15.

Will of married woman.

16.

Power of attorney of married woman.

17.

Savings as to pending proceedings and enforcement of certain judgments.

18.

Gifts in fraud of creditors.

19.

Consequential repeals.

20.

Short title and commencement.

SCHEDULE

Enactments Repealed

Acts Referred to

Adoption Act, 1952

No. 25 of 1952

Companies Consolidation Act, 1908

8 Edw. 7 c. 69

Conveyancing Act, 1881

44 & 45 Vic. c. 41

Conveyancing Act, 1882

45 & 46 Vic. c. 39

Conveyancing Act, 1911

1 & 2 Geo 5 c. 37

Conveyancing Acts, 1881 to 1911

County Offices and Courts (Ireland) Act, 1877

40 & 41 Vic. c. 56

Excise Management Act, 1841

4 & 5 Vic. c. 20

Fines and Recoveries Act, 1834

4 & 5 Will. 4 c. 92

Industrial and Commercial Property (Protection) Act, 1927

No. 16 of 1927

Infants’ Property Act, 1830 (extended to Ireland by the Infants’ Property (Ireland) Act, 1835

11 Geo. 4 and 1 Will. 4 c. 65

Land Law ( Ireland) Act, 1881

44 & 45 Vic. c. 49

Landlord and Tenant ( Ireland) Act, 1870

33 & 34 Vic. c. 46

Larceny Act, 1916

6 & 7 Geo 5 c. 50

Leases for Schools (Ireland) Act, 1881

44 & 45 Vic. c. 65

Leasing Powers Act for Religious Worship in Ireland Act, 1855

18 & 19 Vic. c. 39

Married Women’s Property Act, 1882

45 & 46 Vic. c. 75

Married Women’s Property Act, 1884

47 & 48 Vic. c. 14

Married Women’s Property Act, 1893

56 & 57 Vic. c. 63

Married Women’s Property Act, 1907

7 Edw. 7 c. 18

Married Women’s Property (Ireland) Act, 1865

28 & 29 Vic. c. 43

Married Women’s Reversionary Interests Act, 1857

20 & 21 Vic. c. 57

Real Property Act, 1845

8 & 9 Vic. c. 106

Registration of Title Act, 1891

54 & 55 Vic. c. 66

Settled Estates Act, 1877

40 & 41 Vic. c. 18

Settled Land Act, 1882

45 & 45 Vic. c. 38

Settled Land Acts, 1882 to 1890

Summary Jurisdiction (Ireland) Act, 1908

8 Edw. 7 c. 24

Trustee Act, 1893

56 & 57 Vic. c. 53

Wills Act, 1837

1 Vic. c. 26

Number

5

of

1957.

MARRIED WOMEN’S STATUS ACT 1957.

REVISED

Updated to 1 February 2019

AN ACT TO CONSOLIDATE WITH AMENDMENTS THE LAW RELATING TO THE STATUS OF MARRIED WOMEN

AND THE LIABILITIES OF HUSBANDS. [30

th April

, 1957.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Editorial Notes

E1

Discretion to grant legal aid in respect of proceedings instituted under Act provided

(11.10.1996) by

Civil Legal Aid Act 1995

(32/1995), s. 28(9)(c)(i), effectively commenced for this purpose on the establishment

day by S.I. No. 272 of 1996.

E2

Circuit Court to be known as the Circuit Family Court when exercising its jurisdiction

to hear and determine family law proceedings as provided (19.10.1989) by

Judicial Separation and Family Law Reform Act 1989

(6/1989), ss. 30 and 31, commenced as per s. 46(2).

E3

Circuit Family Court authorised to hear and determine proceedings instituted under

Act at different places, times or days (19.10.1989) by

Judicial Separation and Family Law Reform Act 1989

(6/1989), ss. 30 and 32, commenced as per s. 46(2).

E4

Conduct of family proceedings in Circuit Family Court and High Court required to

be informal (19.10.1989) by

Judicial Separation and Family Law Reform Act 1989

(6/1989), ss. 30 and 33, commenced as per s. 46(2).

Annotations

Editorial Notes

E1

Discretion to grant legal aid in respect of proceedings instituted under Act provided

(11.10.1996) by

Civil Legal Aid Act 1995

(32/1995), s. 28(9)(c)(i), effectively commenced for this purpose on the establishment

day by S.I. No. 272 of 1996.

E2

Circuit Court to be known as the Circuit Family Court when exercising its jurisdiction

to hear and determine family law proceedings as provided (19.10.1989) by

Judicial Separation and Family Law Reform Act 1989

(6/1989), ss. 30 and 31, commenced as per s. 46(2).

E3

Circuit Family Court authorised to hear and determine proceedings instituted under

Act at different places, times or days (19.10.1989) by

Judicial Separation and Family Law Reform Act 1989

(6/1989), ss. 30 and 32, commenced as per s. 46(2).

E4

Conduct of family proceedings in Circuit Family Court and High Court required to

be informal (19.10.1989) by

Judicial Separation and Family Law Reform Act 1989

(6/1989), ss. 30 and 33, commenced as per s. 46(2).

Section

1.

Application of Act.

2.

Capacity of married women.

3.

Property of married women.

4.

Joint capacity of [spouses of each other].

5.

Property rights of husband and wife.

6.

Abolition of restraint upon anticipation.

7.

Insurance for benefit of spouse or children.

8.

Contracts for benefit of spouse or children.

9.

Criminal proceedings for protection of property of married persons.

10.

Wife’s antenuptial debts and liabilities.

11.

Abolition of husband’s liability for wife’s torts, contracts, debts and obligations.

12.

Determination of questions between husband and wife as to property.

13.

Saving for settlements.

14.

Breaches of trust by married women.

15.

Will of married woman.

16.

Power of attorney of married woman.

17.

Savings as to pending proceedings and enforcement of certain judgments.

18.

Gifts in fraud of creditors.

19.

Consequential repeals.

20.

Short title and commencement.

SCHEDULE

Enactments Repealed

Number

5

of

1957.