Married Women Act · s 13

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s 13Actions in tort between husband and wife

(1)

Subject to this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were not married.

(2)

Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may stay the action if it appears that —

(a)

no substantial benefit would accrue to either party from the continuation of the proceedings; or

(b)

the question or questions in issue could more conveniently be disposed of on an application made under section 14,

Married Women and without prejudice to paragraph (b) the court may, in such an action, either exercise any power which could be exercised on an application under section 14, or give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.