The Matrimonial Property Act 2013 sets out certain governing principles regarding ownership or sharing of property between married couples:

1.Both men and women are equal before the law.

2.Section 6 of the Act defines matrimonial property to mean

• the matrimonial home or homes;
• household goods and effects in the matrimonial home or homes; or
• any other immovable and movable property jointly owned and acquired during the subsistence of the marriage.

3. Parties to an intended marriage may enter into an agreement before their marriage (“prenuptial agreement”) to determine their property rights, but such an agreement may be set aside by Court on the basis of fraud, coercion or manifest injustice.

4. Subject to any prenuptial agreement, ownership of matrimonial property vests in the spouses according to the contribution and shall be divided between the spouses if they divorce or their marriage is otherwise dissolved.

5. Where one spouse acquires property before or during the marriage and the property acquired during the marriage does not become matrimonial property, but the other spouse makes a contribution towards the improvement of the property, the spouse who makes a contribution acquires a beneficial interest in the property equal to the contribution made.

6. Any liability incurred by a spouse before the marriage shall after the marriage, remain the liability of the spouse who incurred the liability. However any liability that was reasonably and justifiably incurred for the benefit of the marriage shall be equally shared by the spouses, unless they otherwise agree.

7. Unless proven otherwise, matrimonial property acquired during marriage in the name of one spouse shall be considered to be held in trust for the other spouse. Also if the property is in the names of the spouses jointly, the presumption is that their beneficial interests in the matrimonial property are equal.

8. Unless proven otherwise, where a spouse gives any property to the other spouse as a gift during the subsistence of the marriage, the property thereafter belongs absolutely to the recipient.

9. Customary law principles may be taken into account during division of matrimonial property.

10. Any disposition of matrimonial property requires the consent of the other spouse.