Bill No. 19
Marriage And Divorce Bill
2009
(2) The distribution of the property shall be in equal shares but
shall not be less than one third of the value of the jointly acquired
property unless a spouse can prove that the other spouse should be
given less than half.
(3) The court shall take into consideration the particular
circumstances of each case when distributing the property and shall
take into consideration—
(a) the length of marriage or period of cohabitation;
(b) age of spouse;
(c) the contribution of each spouse to the acquisition,
maintenance or improvement of the property including the
contribution of a spouse towards the upkeep or
maintenance of the property in cash or kind;
(d) domestic work and management of the home;
(e) the contribution of the immediate family or any
contribution to the maintenance of the matrimonial home or
which facilitates the acquisition of the property or
matrimonial home by a spouse;
(f)
the economic circumstances of each spouse at the time of
the distribution of the property, including the desirability to
award the matrimonial home to a particular spouse or the
right of a spouse who has custody of a child to live in the
matrimonial home for a reasonable period of time;
(g) the need to make reasonable provision for other spouses
and their children as regards matrimonial property where
the marriage is polygamous;
(h) the period of cohabitation;
(i)
whether there is an agreement related to the ownership and
distribution of the property in the best interest of the
vulnerable spouse;
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