Victorian Current Acts

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MARRIAGE ACT 1958 - SECT 157

"Separate property" and "restraint on anticipation" abolished

    (1)     Subject to this Part all property whatsoever which—

        (a)     immediately before the commencement of the Marriage (Property) Act 1956 was the separate property of a married woman or held for her separate use in equity; or

        (b)     belongs at the time of her marriage to a woman married after the commencement of the Marriage (Property) Act 1956 ; or

        (c)     after the commencement of the Marriage (Property) Act 1956 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.

    (2)     Any instrument executed on or after the commencement of the Marriage (Property) Act 1956 shall be void 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.

No. 6050 s. 4.



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