Law Reform (Husband and Wife) Act 1962
The Law Reform (Husband and Wife) Act 1962 (c.48) is an Act of the Parliament of the United Kingdom that allows husbands and wives to sue each other under tort law. Originally covering both England and Wales and Scotland, the Scottish provisions were repealed by the Family Law (Scotland) Act 2006.
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| Long title | An Act to amend the law with respect to civil proceedings between husband and wife |
|---|---|
| Citation | c.48 |
| Territorial extent | England and Wales, Scotland |
| Dates | |
| Royal assent | 1 August 1962 |
| Other legislation | |
| Amended by | Family Law (Scotland) Act 2006 |
Status: Amended | |
| Text of statute as originally enacted | |
| Text of the Law Reform (Husband and Wife) Act 1962 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Act
Under the common law and Section 12 of the Married Women's Property Act 1882, a husband and wife were incapable of committing tortious acts against each other, and could not sue each other under tort law. The Law Reform Committee, in its Ninth Report, recommended the abolition of this set of circumstances, and their recommendation was made into the Law Reform (Husband and Wife) Bill, which was given the Royal Assent on 1 August 1962.[1]
The Act provides that married couples can sue each other under tort, with two exceptions; first, where the court believes there would be no great benefit from a legal action (in which case it can stay the proceedings) and second, when the dispute is to do with property.[2]
References
- K.-F. (1962) p.695
- K.-F. (1962) p.696
Bibliography
- K-F, O. (1962). "Law Reform (Husband and Wife) Act, 1962". Modern Law Review. Blackwell Publishing. 25 (6). ISSN 0026-7961.