Home

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.

The Antenuptial Contract must state that the accrual system is expressly excluded.

This marriage regime creates a form for sharing the assets that are built during the marriage between the spouses.

This marriage regime insures that both spouses keep separate ownership of everything (assets & debts) that they bring into and acquire during the marriage.

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.

Each party will retain their assets that was brought into the marriage and they will also retain their part that they contributed to the marriage.

At the dissolution of the marriage there can be an accrual claim against the joint estate.

At the dissolution of the marriage there will be no claim or sharing towards the assets.

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.

 

Get Your FREE Telephonic Consultation (CONTACT US NOW!)