The parties enter into an Antenuptial Contract and exclude the Accrual System. Assets acquired before or during the marriage remain separate throughout the course of the marriage. Assets are not shared and each partner has a separate estate. In short: what's yours stays yours and what's mine stays mine.
Advantages of a Marriage Out of Community of Property With the Accrual Excluded
• If one of the parties becomes insolvent, creditors may not attach the assets of the other
• Both parties are still legally obliged to offer financial support to one another, should one of them be unable to support himself/herself.
• Full contractual freedom.
• In second marriages, marriages where the parties already have children and where both parties have already amassed a sizeable estate or in so called marriages of convenience it simplifies matters drastically.
Disadvantages of a Marriage out of Community of Property with the Accrual System Excluded
• In the case of death or divorce, each spouse is only entitled to those assets accrued in their own name. Should one spouse choose to stay at home to raise the children, that spouse would not be entitled to the assets accumulated by the other spouse.