Married Out of Community of Property With Accrual vs Without Accrual

WHAT IS THE MEANING OF ACCRUAL? 

According to the Matrimonial Property Act 88 of 1984, Section 4(1)(a) accrual can be described as follows:

“The accrual of the estate of a spouse is the amount by which the net value of the spouse’s estate at the dissolution of the marriage exceeds the net value of the spouse’s estate at the commencement of that marriage.”

WITH ACCRUAL	WITHOUT ACCRUAL
The Accrual system only applies if the marriage is dissolved – this means that a spouse cannot claim their share from the joint estate while the marriage still exists.	Each party will retain the assets that were brought into the marriage and they will also retain the part that they contributed to the marriage.
This marriage regime creates a form for sharing the assets that are built during the marriage between the spouses.	At the dissolution of the marriage, there will be no claim or sharing towards the assets.
Each party is entitled to take out the asset value that the party brought into the marriage and the parties can also share what they have built up together.	This marriage regime ensures that both spouses keep separate ownership of everything (assets & debts) that they bring into and acquire during the marriage.
There will be an equal distribution of the assets after the marriage is dissolved.	At the dissolution of the marriage, there can be an accrual claim against the joint estate.
There will be an equal distribution of the assets as soon as the marriage is dissolved.	There will be an unequal distribution of the assets, because non-monetary contributions such as raising children and looking after a home, will not be compensated.
Neither of the spouses can be held liable for the debts of the other.	If one of the spouses faces financial difficulty, the other spouse will be able to retain their assets without influencing both spouses due to financial misfortune.