What do you need to know about the accrual in marriage?

These days many couples contemplating marriage consider drawing up an antenuptial contract (ANC), often with the accrual. Historically, most marriages were ‘in community of property’, and this regime provided a degree of protection to women, who traditionally carried out household duties while men earned the family income.

How are Assets excluded in the ANC in a marriage?

If no assets are excluded in the ANC, the value of each party’s estate at the commencement of the marriage is deemed to be nil. 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.

When does ANC apply to marriage out of community of property?

The accrual system does not apply automatically to all marriages out of community of property. For the accrual system to apply, the ANC must be drafted in a certain way. The accrual system incorporates a calculation that is applied when the marriage is dissolved by divorce.

How does accrual work in a marriage out of community of property?

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. The accrual system does not apply automatically to all marriages out of community of property.

What happens if you are married in ANC with accrual?

If you have a new question, you must please open a new thread. If you are married ANC with the accrual then TYPICALLY any inheritances are EXCLUDED from the joint estate. That means that the R500k inheritance from his Dad is excluded and you won’t have a claim against that.

How much can I claim against my husband’s accrual?

Subtracting the wife’s accrual or growth of R 75,000 from the husband’s accrual of R 120,000 gives you R 45,000 which is the amount with which the husband’s accrual exceeded the wife’s accrual. The wife will therefore be entitled to 50% of R 45,000 which will amount to a claim of R 22,500 against the husband’s estate.

Can a marriage out of community of property exclude accrual?

Marriage Out Community of Property with the Inclusion of the Accrual. After 1984, anyone entering into an ANC that excludes community of property and community of profit and loss is automatically married under the accrual system. Spouses may, however, exclude the accrual system in their ANC, but if they do not do so expressly, the accrual applies.

Can a couple be married out of community without the accrual?

In order to be married out of community without the accrual system, a couple must expressly exclude the accrual in the ANC. But what does this mean, and what are the implications of excluding the accrual from your marriage contract?