Bill No. 19 Marriage And Divorce Bill 2009 (f) proceeds or right to proceeds of an insurance policy payable on the death of the insured person; (g) property which the spouses by agreement regard as separate property; (h) trust property, except where the trust is a sham where the Court may set it aside in the best interest of the vulnerable spouse; and (i) any other property that a spouse can prove is separate property. (5) The onus of proving that property is separate property is on the person who makes the claim. 124. Equal access (1) Spouses shall have equal access to matrimonial property. (2) Equal access includes the right to the use, to benefit from and to enter the property and where there is an agreement between spouses, the disposal of the property. 125. Property acquired before marriage Subject to section 115, the interest of any person in any immovable or movable property acquired before the marriage shall not be affected by the marriage except by express or implied agreement as construed through conduct. 126. Liability incurred before marriage Liability incurred by a spouse before marriage relating to property shall after the marriage remain the liability of the spouse who incurred it, except that if the property becomes matrimonial property under section 115, the liability may be shared by the spouses, unless they agree otherwise. 53