She could not make contracts or incur debts without his approval. Nor could she sue or be sued in a court of law. Only the extremely wealthy were exempted from these laws: Under the rules of equity, a portion of a married woman's property could be set aside in the form of a trust for her use or the use of her children. However, the legal costs involved in establishing trusts made them unavailable to the vast majority of the population.

One important woman taking up the cause was Barbara Leigh Smith Bodichon (1827-1891). She actively promoted women's rights and in 1854 published A Brief Summary of the Laws in England concerning Women: together with a few observations thereon. She campained to reform married women's property laws. In 1865, she founded the women-only Kensington Society for which she wrote Reasons for the Enfranchisement of Women in 1866.