Section 13 of the Married Women’s Property Act (Chapter 281) is the necessary companion of section 14.
After her marriage, a woman —
(a) continues to be liable for — (i) a debt contracted; or (ii) a contract entered into; or (iii) a wrong committed, by her before her marriage; and for a sum for which she is liable as a contributory, before or after she has been placed on the list of contributories under any Act relating to joint-stock companies; and
(b) may be sued for any such debt, and for any liability in damages or otherwise under any such contract or in respect of any such wrong.
Sections 13 and 14 together
| Obligation | Wife liable? | Husband liable? |
|---|---|---|
| Debt contracted before marriage | Yes — s 13(a)(i) | No — s 14(1)(a) |
| Contract entered into before marriage | Yes — s 13(a)(ii) | No — s 14(1)(a) |
| Wrong committed before marriage | Yes — s 13(a)(iii) | No — s 14(1)(a) |
| Tort committed after marriage | Yes — s 2(b) | No — s 14(1)(a) |
| Liability as a contributory | Yes — s 13(a) | No |
Section 14 removes the husband. Section 13 confirms the wife remains liable and may be sued. The obligation does not disappear; it simply attaches to the person who incurred it.
That follows from section 2, which makes a married woman capable of being made liable, of being sued, and — under paragraph (d) — subject to the law relating to insolvency and to the enforcement of judgements and orders.
Before these provisions the position was genuinely unsatisfactory: a woman’s property passed to her husband on marriage, so she had nothing to pay with, while he had the property but often no liability. Sections 5, 13 and 14 together make property and responsibility travel with the same person.
Paragraph (a)(iii) — torts as well as debts
Debts and contracts are the obvious cases — money borrowed, goods bought on credit, an agreement broken.
“A wrong committed” extends section 13 to tort: negligence, trespass, conversion, defamation. A woman who injured someone before her marriage remains answerable afterwards.
Paragraph (b) is the procedural half: she may be sued for the debt, and for any liability in damages or otherwise under such a contract or in respect of such a wrong.
Liability as a contributory
Section 13(a) also preserves liability for a sum for which she is liable as a contributory, before or after she has been placed on the list of contributories under any Act relating to joint-stock companies.
On the winding up of a company, a contributory is a person liable to contribute to its assets — typically a shareholder whose shares are not fully paid. Section 13 makes clear that marriage does not release a woman from that liability.
It fits section 6(2), under which an investment registered in a married woman’s sole name is deemed to be her property, in respect of which, so far as a liability may be incident, she alone is liable — and section 6(3), which preserves any restriction in a company’s constitution on admitting a married woman as a holder of shares carrying liability.
The modern regime is the Companies Act 1997, and insolvency generally is governed by the Insolvency Act (Chapter 253).
Section 19(2) — a related protection for creditors
A restraint against anticipation in a settlement, or an agreement for a settlement, of a woman’s own property made or entered into by herself, is not valid as against debts contracted by her before marriage.
And such a settlement has no greater force or validity against her creditors than a like settlement made by a man would have against his.
A restraint on anticipation prevents property or income being sold or charged in advance, and section 5(2) preserves such restraints generally.
Section 19(2) draws the line. Where the woman settled her own property on herself, the restraint gives way to debts she contracted before marriage — the very debts section 13 preserves. Section 19(3) puts her on the same footing as a man making a like settlement against his own creditors.
Compare section 9(2) on the other side of the marriage: a gift by a husband to his wife that remains in his order and disposition, and a deposit in her name in fraud of his creditors, are equally ineffective against those creditors.
Section 20 completes the picture: in an action instituted by a woman, or by a next friend on her behalf, the court has jurisdiction to order payment of the opposite party’s costs out of property subject to a restraint on anticipation, and may enforce it by appointing a receiver or by sale.
Sources
- Married Women’s Property Act (Chapter 281) — ss 2, 5, 6, 9, 13, 14, 19, 20
- Companies Act 1997
- Insolvency Act (Chapter 253)
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.