Law Reform (Husband and Wife) Act 1962
Encyclopedia
The Law Reform 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 Originally covering both England and Wales and Scotland, the Scottish provisions were repealed by the Family Law (Scotland) Act 2006.
, 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.
The Act provides that married couples can now 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.
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
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 Originally covering both England and Wales and Scotland, the Scottish provisions were repealed by the Family Law (Scotland) Act 2006.
Act
Under the common law and Section 12 of the Married Women's Property Act 1882Married Women's Property Act 1882
The Married Women's Property Act 1882 was an Act of the Parliament of the United Kingdom that significantly altered English law regarding the property rights granted to married women, allowing them to own and control their own property....
, a husband and wife were incapable of committing tortious acts against each other, and could not sue each other under tort law
English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
. 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
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 1 August 1962.
The Act provides that married couples can now 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.