Section 7
Section 7
(1)
Subject to provisions of this Act, all property which —
(a)
immediately before 1st August 1999, being the date of commencement of this Act, was the property (including the separate property) of a married woman or held for her separate use in equity;
(b)
belongs at the time of her marriage to a woman married after 1st August 1999, being the date of commencement of this Act; or
(c)
after 1st August 1999, being the date of commencement of this Act, is acquired by or devolves upon a married woman, shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly.
Married Women 8
(2)
Nothing in subsection (1) shall —
(a)
be construed as affecting adversely the right of any married woman to any property which she had immediately before 1st August 1999, being the date of commencement of this Act; or
(b)
interfere with or render inoperative any valid restriction upon anticipation or alienation attached to the enjoyment of any property by virtue of any provision contained in any written law in force immediately before 1st August 1999, being the date of commencement of this Act, or in any instrument executed before that date.
(3)
Any instrument executed on or after 1st August 1999, being the date of commencement of this Act, shall in so far as it purports to attach to the enjoyment of any property by a woman any restriction upon anticipation or alienation which could not have been attached to the enjoyment of that property by a man, be void.
(4)
For the purposes of this section relating to restrictions upon anticipation or alienation —
(a)
an instrument attaching such a restriction as aforesaid, executed on or after 1st August 1999, being the date of commencement of this Act, in pursuance of an obligation imposed before that date to attach such a restriction, shall be deemed to have been executed before that date;
(b)
a provision contained in an instrument made in exercise of a special power of appointment shall be deemed to be contained in that instrument only and not in the instrument by which the power was created; and
(c)
the will of any testator who dies after 1st August 1999, being the date of commencement of this Act, shall (notwithstanding the actual date of the execution thereof) be deemed to have been executed after that date.
Married Women
B.L.R.O. 6/2014 9
Loans by wife to husband.