This Act was repealed on 2021-07-01 by Civil Code of Seychelles (Consequence of Enactment) Act, 2021.
Status of Married Women Act
Act 9 of 1948
- Commenced on 3 May 1948
- [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]
- [Repealed by Civil Code of Seychelles (Consequence of Enactment) Act, 2021 on 1 July 2021]
1. Short titleThis Act may be cited as the Status of Married Women Act.
2. Act not to affect generality of Article 215 of the Civil Code of SeychellesThis Act shall be read without prejudice to the generality of Article 215 of the Civil Code of Seychelles.
3. InterpretationIn this Act, unless the context otherwise requires—"contract" includes the acceptance of any trust or of the office of executrix or administratrix, and the provisions of this Act as to liabilities of married women shall extend to all liabilities by reason of any breach of trust or devastavit committed by any married woman being a trustee or executrix or administratrix either before or after her marriage, and her husband shall not be subject to such liabilities unless he has acted or intermeddled in the trust or administration;"immovable property" includes land, and anything which is immovable property according to the Civil Code of Seychelles;"movable property" means property of every description, except immovable property, and includes a thing in action.
4. Married woman to be capable of holding property and of contracting as if unmarried
5. Property of a married woman before or after the Act to be held by her as a feme soleEvery married woman whether married before or whether she marries after the commencement of this Act shall be entitled to have and to hold as her separate property, and to dispose of in manner aforesaid, all movable and immovable property which shall belong to her at the time of marriage, or shall be acquired by or devolve upon her after marriage, including any wages, earnings, money and property gained or acquired by her in any employment, trade or occupation in which she is engaged, or which she carries on separately from her husband or by the exercise of any profession, literary, artistic or scientific skill.
6. Loans by wife to husbandAny money or other property of the wife lent or entrusted by her to her husband for the purpose of any trade or business carried on by him, or otherwise, shall be treated as assets of her husband's estate in case of his insolvency under reservation of the wife's claim to a dividend as a creditor for the amount or value of such money or other property after, but not before, all claims of the other creditors of the husband for valuable consideration in money or money's worth have been satisfied.
7. Execution of general powerThe execution of a general power by will by a married woman shall have the effect of making the property appointed liable for her debts and other liabilities in the same manner as her separate estate is made liable under this Act.
8. Property acquired after the Act by a woman married before the Act to be held by her as if unmarriedEvery woman married before the commencement of this Act shall be entitled to have and to hold and to dispose of in manner aforesaid as her separate property all movable and immovable property, her title to which whether vested or contingent, and whether in possession, reversion, or remainder, shall accrue after the commencement of this Act, including any wages, earnings, money and property so gained or acquired by her as aforesaid.
9. Sums secured by mortgages executed before commencement of Act in favour of married woman
10. As to deposit in bank, public stocks, etc., to which a married woman is entitledAll deposits in any savings bank or in any other bank, all annuities granted by any persons, and all sums forming part of the public stocks or funds, which at the commencement of this Act are standing in the sole name of a married woman, and all shares, stock, debentures, debenture stock, or other interests of or in any corporation, company, or public body, municipal, commercial or otherwise, or of or in any industrial, provident, friendly, benefit, building or loan society, which at the commencement of this Act are standing in her name, shall be deemed unless and until the contrary be shown, to be the separate property of such married woman; and the fact that any such deposit, annuity, sum forming part of the public stocks or funds, share, stock, debenture, debenture stock, or other interest as aforesaid, is standing in the sole name of a married woman, shall be sufficient prima facie evidence that she is beneficially entitled thereto for her separate use, so as to authorise and empower her to receive or transfer the same, and to receive the dividends, interest and profits thereof without the concurrence of her husband, and to indemnify all directors, managers and trustees of every such bank, corporation, company, public body, or society as aforesaid in respect thereof.
11. As to deposit in bank, public stocks, etc., to be transferred to married womanAll sums forming part of the public stocks or funds, and all such deposits and annuities respectively as are mentioned in the last preceding section, and all shares, stocks, debentures, debenture stock, and other interest of or in any such corporation, company, public body or society as aforesaid, which after the commencement of this Act shall be allotted to, or placed, registered or transferred in or into, or made to stand in the sole name of a married woman, shall be deemed, unless and until the contrary be shown, to be her separate property in respect of which, so far as liability may by incident thereto, her separate estate shall alone be liable, whether the same shall be so expressed in the document whereby her title to the same is created or certified, or in the books or register wherein her title is entered or recorded, or not:Provided always that nothing in this Act shall require or authorise any corporation or joint stock company to admit any married woman to be a holder of any shares or stock therein in which any liability may be incident, contrary to the provisions of any Act of the Imperial Parliament, or other enactment, charter, bye-law, articles of association, or deed of settlement regulating such corporation or company.
12. Investments in joint names of a married woman and othersAll provisions hereinbefore contained as to deposits in any savings bank, or in any other bank, annuities, sums forming part of the public stocks or funds, shares, stock, debentures, debenture stock, or other interests of or in any such corporation, company, public body or society as aforesaid respectively, which at the commencement of this Act shall be standing in the sole name of a married woman, or which after that time shall be allotted to or placed, registered, or transferred to or into, or made to stand in the sole name of a married woman, shall respectively extend and apply, so far as relates to the right, title, or interest of the married woman, to any of the particulars aforesaid, which at the commencement of this Act, or at any time afterwards, shall be standing in, or shall be allotted to, placed, registered, or transferred to or into, or made to stand in the name of any married woman jointly with any person or persons other than her husband.
13. As to stock, etc., standing in the joint names of a married woman and othersIt shall not be necessary for the husband of any married woman, in respect of her interest, to join in the transfer of any such annuity, or deposit as aforesaid, or any sum forming part of the public stocks or funds, or any share, stock, debenture, debenture stock, or other benefit, right, claim or other interest of or in any such corporation, company, public body or society as aforesaid, which is now or shall at any time hereafter be standing in the sole name of any married woman, or in the joint names of such married woman and any other person or persons not being her husband.
14. Fraudulent investments with money of husbandIf any investment in any such deposit or annuity as aforesaid, or in any of the public stocks or funds, or in any share, stock, debenture, or debenture stock of any corporation, company or public body, municipal, commercial, or otherwise, or in any share, debenture, benefit, right or claim whatsoever in, to, or upon funds of any industrial provident, friendly, benefit, building or loan society shall have been made by a married woman by means of moneys of her husband, without his consent, the court may, upon an application under section 21, order such investment and the dividends thereof, or any part thereof, to be transferred and paid respectively to the husband: and nothing in this Act contained shall give validity, as against creditors of the husband, to any gift, by a husband to his wife, of any property which after such gift shall continue to be in the order and disposition or reputed ownership of the husband, or to any deposit or other investment of moneys of the husband made by or in the name of his wife in fraud of his creditors; but any money so deposited or invested may be followed as if this Act had not been passed.
15. Moneys payable under policy of life assurance
16. Remedies of a married woman for protection and security of separate property
17. Wife's ante-nuptial debts and liabilitiesA woman, after her marriage, shall continue to be liable in respect and to the extent of her separate property for all debts contracted, and all contracts entered into or wrongs committed by her before her marriage, including any sums for which she may be liable as a contributory, either before or after she has been placed on the list of contributories, under and by virtue of the law relating to joint stock companies, and she may be sued for any such debt and for any liability in damages or otherwise in any such contract or in respect of any such wrong, and all sums recovered against her in respect thereof, or for any costs relating thereto, shall be payable out of her separate property; and, as between her and her husband, unless there be any contract between them to the contrary, her separate property shall be deemed to be primarily liable for all such debts, contracts, or wrongs, and for all damages and costs recovered in respect thereof;Provided always that nothing in this Act shall operate to increase or diminish the liability of any woman married before the commencement of this Act for any such debt, contract or wrong as aforesaid, except as to any separate property to which she may become entitled by virtue of this Act, and to which she would not have been entitled for her separate use under the sections of the Civil Code hereby repealed or otherwise, if this Act had not been passed.
18. Limit of husband's liability for his wife's debts or liabilities contracted before marriageA husband shall be liable for the debts of his wife contracted, and for all contracts entered into and wrongs committed by her before marriage, including any liabilities to which she may be so subject under the law relating to joint stock companies as aforesaid, to the extent of all property whatsoever belonging to his wife which he shall have acquired or become entitled to from or through his wife after deducting therefrom any payments made by him, and any sum for which judgment may have been bona fide recovered against him in any proceeding at law in respect of any such debts, contracts or wrongs for or in respect of which his wife was liable before her marriage as aforesaid; but he shall not be liable for the same any further or otherwise; and any court in which a husband shall be sued for any such debt shall have power to ascertain or to direct any inquiry or proceedings which it may think proper for the purpose of ascertaining the nature, amount, or value of such property:Provided always that nothing in this Act contained shall operate to increase or diminish the liability of any husband married before the commencement of this Act for or in respect of any such debt or other liability of his wife as aforesaid.
19. Suits for ante-nuptial liabilities
20. When wife is liable to criminal proceedings in respect of act done with respect to husband's property
21. Questions between spouses as to property to be decided in a summary way
22. Married woman as trustee, executrix or administratrixA married woman, who is a trustee, solely or jointly with any other person or persons, of property subject to any trust, or who is an executrix or administratrix solely and jointly as aforesaid of the estate of any deceased person, may sue or be sued, and may, without her husband, dispose of or join in disposing of any movable property held by her as such trustee, executrix or administratrix, as if she were a feme sole.
23. Married woman to be liable for the maintenance of her husbandWithout prejudice to the provisions of article 212 of the Civil Code of Seychelles, when a married woman having sufficient separate property neglects or refuses to maintain her husband who through illness or otherwise is unable to maintain himself, any court having jurisdiction may, upon application of the husband, make and enforce such order against her for the maintenance of her husband out of such separate property as by any enactment it may now make and enforce against a husband for the maintenance of his wife.
24. Liability of executor or administrator of married womanFor the purposes of this Act the executor, adiministrator or heirs of any married woman shall, in respect of her separate estate, have the same rights and liabilities and be subject to the same jurisdiction as she would be if she were living.
25. Dissolution of existing communities and dotal settlements
26. Attachment for alimonyWithout prejudice to and in addition to the provisions of any other enactment, any part of the salary, wages or other income of a person who does not fulfil his obligations under article 214 of the Civil Code of Seychelles may on application by his spouse be attached and ordered to be paid to the said spouse.
27. Abolition of restrictions on anticipation and alienationApplication may be by complaint before a court of summary jurisdiction.Any instrument executed before, on or after the twentieth day of April one thousand nine hundred and forty-eight shall, in so far as it purports to attach to the enjoyment of any property whatsoever by a woman any restrictions upon anticipation or alienation which could not have been attached to the enjoyment of that property by a man, be void.
28. Savings for proceedings pendingNothing in this Act shall—
29. Remarriage of divorced women and widowsA woman may remarry immediately after the dissolution of a previous marriage.
History of this document
01 July 2021
03 May 1948