Government of Saskatchewan
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Wednesday, August 20, 2014
Saskatchewan Justice

The Equality of Status of Married Persons Act confirms that a married person has the same legal capacity for all purposes and in all respects, including a right of action against his or her spouse, as if that person was not married. For example, a husband and wife can sue each other in tort.

The same rule applies to determine the domicile (i.e., place of permanent residence) of a married woman as for a married man. The domicile of a child is determined with regard to the domicile of both parents.

Neither spouse has authority to bind the other spouse by a contract for necessaries (i.e., basic requirements of life such as food, shelter, etc.) or to act as agent for the other spouse for the purchase of necessaries.



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