Married Women’s Status Act 1957

Criminal proceedings for protection of property of married persons.

9

9. (1) Subject to subsection (3), every married woman shall have in her own name against all persons whomsoever, including her F6 [ spouse ], the same remedies and redress by way of criminal proceedings for the protection and security of her property as if she were unmarried.

(2) Subject to subsection (3), a husband shall have F6 [ against his spouse ] the same remedies and redress by way of criminal proceedings for the protection and security of his property F6 [ as if he were unmarried ].

F7 [ (3) No criminal proceedings referred to in subsection (1) or (2) shall be taken by a spouse against the other spouse except by or with the consent of the Director of Public Prosecutions. ]

(4) F8 [ ]

(5) In any indictment or process grounding criminal proceedings in relation to the property of a married woman, it shall be sufficient to allege the property to be her property.

Annotations:

Amendments:

F6

Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 17(c), S.I. No. 504 of 2015.

F7

Substituted (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 62, S.I. No. 252 of 2002.

F8

Repealed (7.10.1992) by Criminal Evidence Act 1992 (12/1992), s. 3 and sch., commenced as per s. 1(2).

Editorial Notes:

E5

Previous affecting provision: restriction on disposal of property provided (12.07.1976) by Family Home Protection Act 1976 (27/1976), s. 9(2) and (3), commenced on enactment, where proceedings were issued by either spouse under s. 12 of this Act; now repealed.