European Convention on Human Rights: Legislative Changes

HL Deb 21 April 1998 vol 588 c197WA

Lord Lester of Herne Hill

asked Her Majesty's Government:

What legislative changes are necessary to enable the United Kingdom to ratify Protocol No. 7 to the European Convention on Human Rights. [HL1423]

Lord Williams of Mostyn

Legislation is needed to amend three rules of family law in England and Wales which we do not think are capable of being interpreted consistently with Article 5 of Protocol 7 ("Equality between spouses"). These rules are:

1. (i) At common law a husband has a duty to maintain his wife, but not vice versa.
2. (ii) Under Section 1 of the Married Women's Property Act 1964, if the wife gives her husband a housekeeping allowance any goods bought with it remain his wife's, but if the husband gives his wife a housekeeping allowance it belongs to them in equal shares unless they agree otherwise.
3. (iii) A common law presumption of "advancement"—where a husband makes a payment or puts property in his wife's name it is presumed to be a gift to her, but if the wife does the same the presumption does not apply.