Court and Tribunal Administration CTA319 Study Guide - Midterm Guide: Civil Marriage Act, Child Abduction, Habitual Residence
16 Sep 2016
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English law before 19th century: husband and wife were one person (husband) in law - unity of legal personality. Woman had no right to enter contracts but can enter on behalf of the husband can"t sue nor be sued husband was responsible for her debts and any torts. 19th century: both are separate legal identities entitled to buy/own property and to sue/be sued spouses still can"t sue each other. English law before 19th century: both had a legal and religious duty to have sexual relations with each other could be enforced in the church courts (ecclesiastical courts) English law before 19th century: wife"s property became the husband"s and his right to use. Women weren"t legally allowed to own property during divorce, all property that was originally his or had become his by virtue of the marriage is given to the husband. English law before 19th century o children were seen as property and were property of the husband.
