What Does “With Accrual” Mean in Marriage?
Understanding how marital property works is crucial for couples in South Africa. JA Attorneys provides clear guidance on the accrual system, helping spouses protect their financial interests and plan effectively for the future.
What Is “With Accrual” in Marriage?
Definition of Accrual in Marriage
The term “with accrual” refers to a marriage regime where spouses keep their estates separate during the marriage but share the growth in their estates upon dissolution of the marriage. This system ensures fairness by allowing both spouses to benefit from each other’s financial contributions.
How the Accrual System Works
When a marriage is with accrual, each spouse’s estate is calculated at the start and end of the marriage. The increase in value (accrual) of each estate is determined, and the spouse with the smaller accrual may claim half of the difference.
Example: Understanding Accrual
If Spouse A’s estate grows by R500,000 and Spouse B’s estate grows by R200,000 during the marriage, the difference is R300,000. Spouse B can claim half of this amount (R150,000) from Spouse A’s estate upon divorce.
Benefits of Marrying With Accrual
Protection of Individual Assets
Each spouse retains ownership of assets acquired before the marriage. This means personal inheritances or gifts remain protected.
Fair Sharing of Marital Growth
The system ensures that wealth accumulated during the marriage is shared equitably, preventing one spouse from unfairly benefiting at the expense of the other.
Flexibility for Spouses
Couples can choose marriage with accrual when entering into an antenuptial contract, allowing them to tailor financial arrangements according to their needs.
Key Considerations for Marriages With Accrual
Drafting an Antenuptial Contract
An antenuptial contract must clearly state that the marriage is with accrual and outline how the system will be applied. JA Attorneys can assist in drafting contracts that protect both spouses’ interests.
Monitoring Accrual During Marriage
Spouses should maintain records of their estates’ values to ensure accurate calculation in case of divorce or death. This prevents disputes and ensures transparency.
Effect on Divorce and Estate Planning
The accrual system impacts divorce settlements and inheritance planning. JA Attorneys provide expert advice to navigate these complex scenarios, ensuring both spouses’ rights are protected.
FAQs About the Accrual System
What is the difference between “in community of property” and “with accrual”?
Marriage in community of property merges all assets and liabilities from the start, while marriage with accrual keeps estates separate but shares growth at the end.
Can I change my marriage to include accrual after getting married?
No, the accrual system must be agreed upon before marriage through an antenuptial contract. Post-marriage changes are not permitted.
How is accrual calculated?
Accrual is calculated by subtracting the value of the estate at marriage commencement from the value at marriage dissolution. The difference between spouses’ accruals is split equally.
Are inheritances included in accrual?
No, inheritances and personal gifts received during marriage are excluded from the accrual calculation.
Protect Your Financial Future With JA Attorneys
Marriage is not just an emotional union—it’s also a financial partnership. Choosing a marriage with accrual provides clarity, fairness, and protection for both spouses. JA Attorneys offers expert legal advice to ensure your marital estate is structured correctly and that your rights are fully safeguarded.
Take Action Today
Secure your financial future and peace of mind. Contact JA Attorneys to draft your antenuptial contract or receive expert advice on marriage with accrual. Protect what matters most.
For immediate legal assistance across South Africa, speak to one of our experienced attorneys by contacting us on the number below:
JA Attorneys Head Office call: 011 483 2741