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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If dissolved as a result of death, then the accrual claim has to be paid before a will or intestate succession can come into effect.

Then subtract the commencement value of her estate, stated in the Antenuptial Contract of R 10, In the event of antenu;tial partner failing to state the aith of his or her property in the Antenuptial Contract or separate statement, then the net antenu;tial of the his or her will also be valued at nil and proof will be required to show otherwise. There is no sharing of profits and losses. Subtract the commencement value of his estate, stated in the Antenuptial Contract of R 20, which gives you a Subtotal of RThe same can be said if the surviving spouse has a greater accrual, in which case the estate of the deceased spouse would have a claim against the surviving spouse.

Benefits of an Antenuptial Contract – GS Law

An Antenuptial Contract can also include any terms and wuth as long as they are not contrary to public policy. The original Antenuptial is sent to the Deeds Registry in your and is registered by the Deeds Registry. Excluded from the Accrual Certain property belonging to either the husband or the wife may not be taken into account witth the accruals are worked out: To find out more, including how to control cookies, see here: The advantages of such a marital regime include the protection of each spouse’s assets from the creditors of the other spouse.

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. 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.


He is also the Family Law expert on Health 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 individual financial identity. 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.

The underlying philosophy in respect of the accrual system is that each party is entitled to take out the asset value that he or she brought into the marriage, and then they share what they have built up together.

Antenuptial Contracts with Accrual

However there are certain crucial factors of an accrual marriage which add complexity and much more antnuptial of choice. In practical terms this amounts to a similar division acccrual a marriage in community of property.

Both spouses have full and independent contractual capacity. Accrual relates to the extent of increase of the joint wealth between spouses throughout the marriage. The accrual system is a form of sharing of the assets that are built up during the marriage.

The marriage is governed by a contract known as an ante nuptial contract which is concluded by the parties before the marriage.

This would not be the case if the parties were married without an Antenuptial contract, and as such, be married in Community of Property.


They will have to prove that said property belonged to them before the marriage took place in acceual for it antenkptial be deemed as such. When marrying a foreigner in South Africa, there are various legal requirements which must be met in order for the marriage to take place. His clients include celebrities, actors and actresses, sportsmen and sportswomen, television presenters and various high net worth individuals as well as ordinary people.

There is no provision for any sharing whatsoever. Concluding an Antenuptial with Accrual is, by and large, the fairest of the matrimonial regimes.

Marriage out of community of property with accrual

The sharing of these assets only takes place once the marriage ends. The estate of each party is determinable separately. Post was not sent – check your email addresses! There are two forms of Antenuptial contracts, those including Accrual and those excluding Antenuptiak. How is accrual calculated? By continuing wiyh use this website, you agree to their use. Each party retains his or her own estate. Should an Antenuptial agreement be considered cast in stone or can it be varied during the course of the marriage?


If you do not enter into a valid notarized Antenuptial contract prior to your marriage, you are automatically married in Community of Property. This is not counted as part of either giver or receivers estate, and the giver is not allowed to try and recover the donated part nor does the receiver have the right to return any part of it. However, when working out the accruals of each spouse, some property is not taken into account.

Each party may accumulate assets and incur liabilities without interference from or assistance of the other spouse. Should the debts of either spouse at the time of the marriage be greater than the value of the property of his or her property then the net value of the partner at the start of the marriage is nil.

Any compensation received as a result of injury received during the marriage. 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. Bertus Preller is based in Cape Town and has more than 20 years experience in most sectors of the law.

The net worth of these assets may also be declared in confract written statement before the marriage or within six months of it taking place. This site uses accfual.

This agreement is a sample and is of a general nature. The monetary value of the smaller estate is subtracted from the monetary value of the larger estate, the difference is split, and the party having the larger anfenuptial pays half of the difference between the two estates to the party with the smaller estate.

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