Separate estate. The Common Law did not allow a married woman to posses any property independently of her husband, but when property was settled to her separate use and benefit, equity treated her, in respect to that property, as a feme sole, or unmarried woman. A wife's separate property might be acquired by a pre-nuptial contract with her husband, or by gift, either from the husband, or from any other person. the (English) Married Women's Property Act, 1882 (see MARRIED WOMEN'S PROPERTY), almost abolished the Common Law distinction between married and unmarried women in respect of property, and the amending (English) Act of 1893 (56 & 57 Vict. c. 63) provided (s. 1) that:-
1. Every contract hereafter entered into by a married woman otherwise than as agent,
(a) shall be deemed to be a contract entered into by her with respect to and to bind her separate property whether she is or is not in fact possessed of or entitled to any separate property at the time when she enters into such contract;
(b) shall bind all separate property which she may at that time or thereafter be possessed of or entitled to; and
(c) shall also be enforceable by process of law against all property which she may thereafter while discovert be possessed of or entitled to. Provided that nothing in this s. contained shall render available to satisfy any liability or obligation arising out of such contract any separate property which at that time or thereafter she is restrained from anticipating.
The (English) Law Reform (Married Women and Tortfeasors) Act, 1935 (25 & 26 Geo. 5, c. 30), repealed the provisions of this s. and provides, subject to the provisions of the Act, that a married woman is to be capable of (1) acquiring; rendering herself liable in contractor tort; (2) being capable of being sued in contract or tort; and (3) being subjected to bankruptcy law and the enforcement of judgments and orders in all respects as if she were a feme sole, and by s. 2, that her separate property belonging to her or held for her separate use in equity on the 2nd August, 1935, or belonging to her or acquired by or devolving upon her after that date shall belong to her in all respects as if she were a feme sole.
But marriage and other settlements made before the 1st January, 1936, frequently contain (see s. 19 of the (English) Married Women's Property Act, 1882, and the (English) Married Women's Property Act, 1907) restrictions against the 'anticipation' of her settled property by a married woman. These restrictions are perfectly valid, but they are subject to the important qualification that under s. 7 of the (English) Conveyancing Act, 1911 (replacing s. 39 of the (English) Conveyancing Act, 1881), the Chancery Division of the High Court may, if it thinks fit, where it appears to the Court for the benefit of a married woman, bind her interest in any property, with her consent, notwithstanding that she is restrained from anticipation. The (English) Law Reform (M.W. and T.) Act, 1935, does not invalidate or affect these restrictions upon anticipation created before the 1st January, 1936, but it avoids the creation of any such restriction by any instrument, exercise of a special power, or will of a testator dying after that date except any instrument attaching the restriction in consequence of an obligation entered into before that date. See MARRIED WOMEN'S PROPERTY.
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