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Women's Property Act, (219) by which coverture was abolished.
The Court justified her expatriation using the language of coverture.
It is obviously apparent that, under scrutiny, the bright-line theory no longer works with these instruments, and the courts instead tend to revert back to the marital foundation theory by using coverture fractions because the property is earned with a foundation of efforts (and because it simplifies the measurement).
When a retirement benefit contains a mix of premarital and marital portions, the coverture fraction is used to determine the portion of benefits earned during the marriage.
Despite the elimination of coverture, this Article argues that marriages between a man and a woman (32) often continue to retain the traditional elements of a relationship between "a dominant male" and "subordinate female.
What's more, my research suggests that this same status quo does not seem to represent a steady linear progression of ever-increasing rights for women, but rather evinces some significant tumbles backwards at certain historical periods; principles of coverture and female legal impotence may have in some ways actually become more rigid and restrictive, rather than less, through the years.
Opposing coverture laws (where women's ownership of property was covered by her husband) and advocating woman's suffrage, Mill found it necessary to argue that husbands and wives cannot join together in a tight community of interest so that one person could represent the whole.
49) Under the principle of coverture the woman's status was inseparable from but unequal to that of her husband; the oneness of the couple did not comprise a marriage of halves but rather the envelopment and effacement of a smaller part by a greater one.
If it is going too far to say that R v Jackson rejected by implication the validity of the husbands rape immunity, it is certainly fair to say that it rubbed out the fairy tales of unity of person and coverture that underpinned the immunity.
common law doctrine of coverture, (38) which treated married women as
However incremental some of these reforms, allowing married women even a modest claim to a separate estate created a chink in the "singular identity" that coverture inscribed.