Section 42 Matrimonial Causes Act 1970

Section 42 of the Matrimonial Causes Act 1970 is about Effect on rights to sue, devolution of property, etc. It provides as follows:

(1) While a decree of judicial separation is in operation, either party to the marriage may bring proceedings in contract or in tort against the other party.

(2) Where a party to a marriage dies intestate as to any property while a decree of judicial separation is in operation that property shall devolve as if that party had survived the other party to the marriage.

(3) Where upon, or in consequence of, the making of a decree of judicial separation a husband is ordered to pay maintenance to his wife, and the maintenance is not duly paid, the husband shall be liable for necessaries supplied for the wife’s use.

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