384 The Matrimonial Property Bill, 20 I 3 . during the subsistence of the marriage; or (d) any <;>ther property acquired during the subsistence of the marriage . . (2) Despite subs.ection (l ), trust · property, including property held i~ trust under customary law , does not form part of matrimonial property. (3) Despite subsection (l ), the parties to an intended marriage may enter into an agreement before their marriage to determine their property rights . . (4) A party to an agreement made under subsection (3) may apply to the Court to set aside the agreement and the Court may set aside the agreement if it determines that the agreement was influenced by fraud , coercion or is·manifestly unjust. t Ownership of matrimonial property. 7.(1) Subject to section 6(3), ownership of matrimonial property vests in the . spouses in equal shares irrespective of the contribution of either spouse towards its acquisition, and shall be divided equally between the spouses if they divorce or their marriage is otherwise dissolved. (2) Despite subsection (I), a party\ to a marriage may apply to the Court for a determination of the matrimonial property rights of the spouse during the subsistence of the marriage and the court may make such a determination. Property rights in polygamous . marriages. 8.(1) If the parties in a polygamous marriage divorce or a polygamous marriage is otherwise dissolved, the(a) matrimonial property acqu~red by the man . and .the first wife shall be retained equally by the man and the first wife only, if the property .was acquired before the man marr.ied another wife; and (b) matrimonial property acquired by the man I 'l