The Law Reform (Husband and Wife) Act 1962 (10 & 11 Eliz. 2. c. 48) is an act of the Parliament of the United Kingdom that allows husbands and wives to sue each other under tort law. Originally covering both England and Wales and Scotland, the Scottish provisions were repealed by the Family Law (Scotland) Act 2006.
Provisions Under the common law and Section 12 of the Married Women's Property Act 1882 (45 & 46 Vict. c. 75), a husband and wife were incapable of committing tortious acts against each other, and could not sue each other under tort law. The Law Reform Committee, in its Ninth Report, recommended the abolition of this set of circumstances, and their recommendation was made into the Law Reform (Husband and Wife) Bill, which was given royal assent on 1 August 1962.K.-F. (1962) p.695
The act provides that married couples can sue each other under tort, with two exceptions; first, where the court believes there would be no great benefit from a legal action (in which case it can stay the proceedings) and second, when the dispute is to do with property.K.-F. (1962) p.696
Repealed enactments Section 3(2) of the act repealed 2 enactments, listed in the schedule to the act. CitationShort titleExtent of repeal45 & 46 Vict. c. 75Married Women's Property Act 1882Section twelve, except so far as it relates to criminal proceedings.Section twenty-three.25 & 26 Geo. 5. c. 30Law Reform (Married Women and Tortfeasors) Act 1935In section one, the words "and subject, as respects actions in tort between husband and wife, to the provisions of section twelve of the Married Women's Property Act, 1882".
Subsequent developments Section 3(2) of, and the schedule to, the act were repealed by section 1 of, and part XI of the schedule to, the Statute Law (Repeals) Act 1974, which came into force on 27 June 1974.
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