Bill No. 19
Marriage And Divorce Bill
2009
(b) in the case of a civil wrong it shall give rise to civil
remedies such as a restriction order, judicial separation,
suspension of conjugal rights and compensation.
Property Rights
115. Types of matrimonial property
Matrimonial property includes—
(a) the matrimonial home;
(b) household property in the matrimonial home;
(c) any other property either immovable or movable acquired
before or during the subsistence of a marriage, deemed to
be matrimonial property by express agreement;
(d) property which was separate property but which a spouse
has made a contribution towards, except where the property
relates to the sale of family land; and
(e) seed money provided by a spouse for the establishment of
a business.
116. Matrimonial property to be owned in common
Any matrimonial property, as defined in section 115, shall be owned
in common by the spouses.
117. Property agreement
(1) Two persons in contemplation of a marriage or cohabitation
with each other or cohabiting or married may make an agreement
with respect to the ownership of—
(a) separate property of each spouse or cohabitee;
(b) property acquired during the marriage or cohabitation; or
(c) distribution of property acquired during the marriage or
cohabitation.
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