The Law Reform (Husband and Wife) (Scotland) Act 1984 (c. 15) is an act of the Parliament of the United Kingdom that amended the law relating to husband and wife and breach of promise of marriage in Scotland.
Provisions The act abolished several archaic rules of Scots law relating to husband and wife. Sections 1 and 2 abolished actions for breach of promise of marriage and actions of adherence and enticement respectively. Sections 3 to 8 abolished miscellaneous rules, including curatory of a minor spouse by the other spouse, the husband's right to choose the matrimonial home, certain rules relating to antenuptial marriage contracts, the husband's liability for his wife's debts incurred before marriage, the doctrine of praepositura, and the husband's liability for his wife's judicial expenses in actions in which he was neither a party nor dominus litis. Consequential amendments to related legislation are set out in schedule 1 to the act.
The act was preceded by the Scottish Law Commission's Report on Outdated Rules in the Law of Husband and Wife (Scot. Law Com. No. 76, 1983).
Repealed enactments Section 9(2) of the act repealed 5 enactments, listed in schedule 2 to the act. CitationShort titleExtent of repeal24 & 25 Vict. c. 86Conjugal Rights (Scotland) Amendment Act 1861Sections 1 to 5.37 & 38 Vict. c. 31Conjugal Rights (Scotland) Amendment Act 1874The whole act.40 & 41 Vict. c. 29Married Women's Property (Scotland) Act 1877The whole act.10 & 11 Geo. 5. c. 64Married Women's Property (Scotland) Act 1920Section 2.6 & 7 Eliz. 2. c. 40Matrimonial Proceedings (Children) Act 1958Subsection (2) of section 9.
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