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MARRIAGE OUT OF COMMUNITY OF PROPERTY WITH THE ACCRUAL SYSTEM

If you don’t have an ANC, you are automatically married in community of property.

An ANC (Antenuptial Contract) determines whether a marriage will be out of community of property with/without the accrual system.

Accrual is a way to ensure that both spouses in a marriage gain a fair share of the estate once the marriage comes to an end. For the accrual system to apply, the ANC must state that that the accrual system applies to your marriage.

The accrual system is a formula that is used to calculate how much the spouse with the larger estate must pay the smaller estate if the marriage comes to an end through death or divorce.

Kindly take note of the following points:

  • During the marriage each spouse retains control of his or her own property, builds up his or her own estate and each is responsible for his or her own debts.
  • On dissolution of the marriage by death or divorce, the value of the assets obtained during the marriage (the accrual) will be shared equally. The accrual is determined by calculating the difference in the net starting value and the net final value of the estate of each spouse with the exclusion of inheritances, legacies and donations. On dissolution of the marriage the value of the difference in the accrual of the two estates, taking inflation into account, is then divided equally.
  • The Act enables each spouse to share in the accrual but also protects creditors.
  • When the accrual becomes payable the court can issue an order for the deferment of payment or for payment in installments.