Drawing up an antenuptial contract isn’t about greed; it’s about ANC, you will be married out of community of property with accrual, unless the. This matrimonial property regime involves an antenuptial contract (i.e. an agreement entered into before the marriage) where community of property and profit. Marriage Out Community of Property with the Inclusion of the Accrual . Onine Trusts ​Online Antenuptial Contracts · Online Wills ​Online Legal Services.

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This is partly due to a lack of the obligations and protection that a marriage contract automatically provides.

Antenuptial Contracts with Accrual

The net worth of these assets may also be declared in a written statement accfual the marriage or within six months of it taking place. Subtract her total liabilities or debt at dissolution of the marriage which comes to R 35, Book a Free Consultation. The important features of an accrual marriage are in essence the following: An Antenuptial Antenuptiql can also include any terms and conditions as long as accrjal are not contrary to public policy.

The estates of both spouse will have thus increased by the same value since the start of the marriage. The accruals will not need to be worked out in the event of the surviving spouse being elected as the sole heir or heiress by way of a will or intestate succession as he or she will receive everything anyway. If the estate of the first dying spouse has a greater accrual, the surviving spouse would have a claim against the deceased estate.

Antenuptial contracts remove the risk in regard to all the spouses combined assets, should one of the spouses undertake a business venture, allowing for the protection of assets from creditors; Each spouse is able to retain his or her anteniptial financial identity. Certain additions and ammendments may be required to suit your specific needs.

This agreement is a sample and is of a general nature. It is of utmost importance that a party wishing to enter into an Ante Nuptial Contract must fully understand what it is they are signing.

And the appears declared that whereas a marriage has been agreed anteenuptial, and is intended to be solemnised between them, they have agreed and now contract with each other as follows:. This would not be the case if the parties were married without an Antenuptial contract, and as such, be married in Community of Property. Should one spouse have a smaller accrual than the other, then he or she will have a claim against the difference between the two amounts.


There is no provision for any sharing whatsoever. In order to do this, the net value at the commencement of the marriage as specified in the Antenuptial Contract is subtracted from the net value at dissolution. How is accrual calculated?

The monetary value of the smaller wihh is subtracted from the monetary value of the larger estate, the difference is split, and the party having the larger estate pays half of the difference between the two estates to the party with the smaller estate.

However, they will share the assets they acquire from the start of the marriage. When marrying a foreigner in South Africa, there are various legal requirements which must be met in order for the marriage to take place.

Thus neither spouse will be affected by the debts or liabilities of the other. Upon death or divorce, each antenuptoal keeps control over their own assets.

In practical terms this amounts to a similar division to a marriage in community of property. The effect of excluding an asset will be that it does not feature on the asset conttract at dissolution of the marriage and is completely excluded from the calculation.

Assets which are not properly described can cause huge problems when the executor or the divorce attorney tries to decide what to do with it in calculating the net accrual value.


Any damages awarded to either spouse for defamation or for pain and suffering; Any inheritances, legacies or gifts that either spouse has received during the marriage, unless the parties have agreed in their antenuptial contract to include these or the donor has stipulated their inclusion; A donation made conttact one spouse to the other. To exclude either a specific asset, or a commencement value, or both which must be separate and not derived from the same assetcan effectively ensure that couples share only what they choose to share and keep separate any item or items, or values, which accruap do not believe it fair to share for example something acquired before the relationship commenced.


Post was not sent – check your email addresses! Wity spouse retains his or her own assets and liabilities whether acquired before or during marriage. Concluding an Antenuptial with Accrual is, by and large, the fairest of the matrimonial regimes.

Marriage out of community of property with accrual

Subtract the commencement value of his estate, stated in the Antenuptial Contract of R 20, which gives you a Subtotal of AccrialShould an Antenuptial agreement be considered cast in cnotract or can it be varied during the course of the marriage?

Any damages that are awarded to either spouse as a result of defamation or for pain and suffering; Inheritances, legacies or gifts that have been received by either spouse during the marriage, unless the parties have agreed in their Antenuptial Contract to include these or the donor stipulated that the other spouse should be included as a beneficiary of such; Donations made by one spouse to the other.

Sorry, your blog cannot share posts by email. Subtract his total liabilities or debt at the dissolution of the marriage which equates to RThere are two forms of Antenuptial contracts, those including Accrual and those excluding Accrual. However, when working out the accruals of each spouse, some property is not taken into account.


The marriage is governed by a contract known as an ante nuptial contract which is concluded antenptial the parties before the marriage. Contracts Concerning Love – Cohabitation agreements Living together unmarried has definite implications that ensure you need to plan your financial partnership very carefully. It is a contract entered into by two people, prior to their marriage, in which they stipulate the terms and conditions for the exclusion of the community of property between them.