A married woman is capable of acquiring, holding and dispos ing by will, or otherwise, of any real or personal property as if she were unmarried (M.W.P. Acts 1882 & 1893). But there may be attached to property given to a woman, but not to that of a man, a restraint on anticipation. The restraint does not operate while the woman is a spinster or a widow, and during such time she can remove the restraint by deed, or dispose of the property, but the restraint will attach during marriage. The restraint makes void any attempted alienation or disposition of the restrained property before it falls due. The court, however, may order that payments be made from restrained property in four cases:—to the woman's creditors when she is bankrupt, having regard to the means of support of herself and her children (Bankruptcy Act 1914, s. 52) ; for her benefit with her consent (Law of Property Act 1925, s. 169) ; for the cost of litigation she may have instituted (M.W.P.A. 1893, s. 2); and for the variation of settlements after divorce (Churchwarden v. Church warden 1910, P. 195).
A married woman is capable of entering into and rendering herself liable on any contract in respect of her separate property, not restrained from anticipation, which at the time of the con tract or afterwards she may be entitled to ; and she is capable of suing and being sued in contract, and in tort, or otherwise, in all respects as if she were unmarried (M.W.P. Acts 1882 & 1893). Certain judgments cannot be enforced against a married woman by committal or attachment (Annual Practice 1929 pp. 2063 & 2064). A married woman is under a legal incapdcity with respect to income tax (Income Tax Act 1918, s. 237). Her in come is deemed to be her husband's. A married woman is incapable of acting as a guardian ad litem except in certain cases. (See Annual Practice 1929 p. 256.) By the Guardianship of Infants Act 1925 a mother is given the same rights of guardianship as the father in any case brought before the courts. She is also given equal rights in giving consent to the marriage of her child and in the naming of a guardian to act after her death. (See INFANT.) Nationality of Married Women.—Before 1870 a British woman with an alien husband did not lose her British nationality. Now a married woman is under a statutory disability as to nationality (British Nationality and Status of Aliens Act as amended in 1918 and 1922, S. 27). She is deemed to be British if her husband is British and alien if he is alien (ibid. s. 1o). But there are three exceptions, namely :—a woman, with a British husband, who changes his nationality during the marriage, has the right to declare that she will retain her British nationality; in time of war a woman, British by birth with an enemy husband, may by declaration and with the consent of the Secretary of State resume British nationality (ibid. s. Io); and a woman with
a husband, who is a naturalised British subject deprived of his British nationality, remains British unless either the Secretary of State orders that she shall also be deprived of British nation ality, or she herself makes a declaration of alienage, but, if such woman is herself British born, the Secretary of State cannot deprive her of British nationality unless he is satisfied that she herself is disaffected or disloyal (ibid. 7 A). A married woman cannot naturalise in her own right (ibid. s. 27 & s. 5[3]). A woman who has lost her British nationality by marriage remains an alien after the dissolution of such marriage by death or divorce (ibid. s. t i ). But with the consent of the Secretary of State she may be readmitted into British nationality on the same conditions as an alien becoming naturalised as a British subject, except that she is not required to satisfy the conditions as to residence in British territory (ibid. s. 2[5]).