Bill No. 19 Marriage And Divorce Bill 2009 131. Debt of spouse incurred during marriage Where during the subsistence of a marriage, a debt is incurred for the necessaries of life for the immediate family— (a) with the consent of the other spouse, the debt shall become a family liability to be borne by both spouses equally; or (b) without the consent of the other spouse, the debt shall be borne by the spouse who incurred the debt, unless agreed otherwise by the spouses. 132. Rented property Where the parties to a marriage or cohabitation live in rented premises, then, on application by either party, the court may order the premises to be assigned to one of the parties on dissolution of the marriage or cohabitation even though that party is not a party to the tenancy agreement and the court shall take into consideration the best interest of any children of the marriage or cohabitation. 133. Presumptions as to property acquired during marriage Where, during the subsistence of a marriage or cohabitation, any property is acquired in the names of the spouses jointly or cohabitees jointly, there shall be a rebuttable presumption that the beneficial interests of the spouses or cohabitees are equal. PART IX—BREAKDOWN OF MARRIAGE 134. Court’s jurisdiction in matrimonial causes (1) A magistrates’ court shall have jurisdiction, in all matters under this Part. (2) A local council court shall have jurisdiction where there is a matrimonial cause arising out of a customary marriage. 135. High Court to have original jurisdiction in foreign marriages The High Court shall have original jurisdiction in all matrimonial causes arising from marriages contracted under foreign laws. 56