MARRIAGE OUT OF COMMUNITY OF PROPERTY WITH THE ACCRUAL SYSTEM
The parties enter into an Antenuptial Contract and include the Accrual System. Each partner states the value of their respective assets (net asset value) at the beginning of marriage. Thereafter any assets accumulated are shared 50/50. One can state that specific assets be excluded from the accrual system, such a property or shares etc.
Advantages of Marriage out of Community of Property with application of the Accrual System
• Both parties share in the wealth accumulated during marriage.
• If any party owned property before the marriage, it remains the property of the person who owned it.
• Each party has complete financial and contractual freedom.
• If one party incurs debt or liability, it cannot be claimed from the estate of the other party.
• In the case of divorce, any assets accumulated during the marriage are shared – it doesn’t matter who acquired them. Each partner’s current net asset value is calculated by subtracting all liabilities of that partner from his or her assets. The accrual is then shared equally.
• The antenuptial contract can be tailored to suit your needs.
• It protects the partner who remains at home to care for the family.
• In many ways the safest and fairest marriage regime.
What is the Accrual System and how is it calculated
The 'accrual' is the extent to which the respective spouses have become richer by the end of the marriage, in other words, the amount by which the spouses' joint wealth has increased over the period of the marriage. The spouse with the smaller accrual has a claim against the one with the greater accrual for half of the difference between the two amounts.
Assets automatically excluded from Accrual Calculation
Various assets are excluded from the determination of the accrual of a spouse's estate, they are:
• Any amount which accrued to the estate by way of damages other than damages for patrimonial loss;
• Any asset which has been expressly excluded from the accrual system in terms of the Antenuptial Contract of the spouses as well as any other asset which a spouse has acquired by virtue of his or her possession or former possession of such asset;
• An inheritance, a legacy or a donation which accrues to a spouse during the subsistence of his or her marriage as well as any other asset which he or she acquired by virtue of his or her possession or former possession of such inheritance, legacy or donation, except insofar as the spouses may agree otherwise in their antenuptial contract or insofar as the testator/testatrix or donor may stipulate otherwise;
• Donations between spouses other than a donation mortis causa (after death).