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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The accrual system is a form of sharing of the assets that are built up during the marriage. Then subtract the adjustment for inflation on commencement value of R 10, That for the purposes of proof of the nett value of their respective estates to be as follows: At dissolution of the marriage, the estate of each party is calculated by listing all assets, listing all liabilities, subtracting conteact from assets and arriving at a net asset value.


Antenuptial Contracts with Accrual and Deceased Estates 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. Both spouses have full and independent contractual capacity.

There are two forms of Antenuptial contracts, those including Accrual and those excluding Accrual.

Subtract the commencement value of his estate, stated in the Antenuptial Contract of R 20, which gives you a Subtotal of RIf the estate of the first dying spouse has a greater accrual, the surviving spouse would have a claim against the deceased estate.

The Antenuptial must be registered in the Deeds Registry within 3 months of the date of the marriage. Book a Free Consultation. However, only at the dissolution of the marriage can an accrual claim be made.

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And the appears declared that whereas a marriage has been agreed upon, and is intended to antenu;tial solemnised between them, they have agreed and now contract with each other as follows:. Get your Antenuptial Contract Here Everything you wanted to know about Antenuptial Contracts and an easy form to complete.

They will have to prove that said property belonged to them before the marriage took place in order for it to be deemed as such.

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 there are certain crucial factors of an accrual marriage which add complexity and much more freedom of choice.


Iwth practical terms this amounts to a similar division to a marriage in community of property. Living together unmarried has definite implications that ensure you need to plan your financial partnership very carefully. Bertus Preller is based in Cape Town and has more than 20 years experience in most sectors of the law. The 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.

When marrying a foreigner in South Africa, there are various legal requirements which must be met in order for the marriage to take place.

Antenuptial Contracts with Accrual

Then subtract the commencement value of her estate, stated in the Antenuptial Contract of R 10, This agreement is a sample and is of a general nature.

This is partly due to a lack of the obligations and protection that a marriage contract automatically provides.

When drafting the Ante Nuptial Contract, the parties can each decide to exclude certain assets. Should one spouse have a smaller accrual than the other, then he or she will have a claim against the difference between the two amounts.


A consultation should be arranged with the Notary an attorney with the additional qualification of a Notary Public prior to the marriage being solemnized. Subtract her total liabilities or debt at dissolution of cpntract marriage which comes to R 35, This give a Subtotal of R 80, Any damages awarded to either spouse for defamation or for pain and suffering; Any conrract, legacies or gifts that either spouse has received during the marriage, unless the parties have agreed in their antenuptial contract to include these or the donor has stipulated their inclusion; A donation made by one spouse to the other.

Any compensation received as a result of injury received during the marriage. Most of these terms and conditions relate to the division of assets should the marriage be dissolved due to either death or divorce.

The estates of both spouse will have accrrual increased by the same value since the start of the marriage. The respective spouses will not be held liable for any debt that the other spouse might have incurred prior to the marriage; Spouses will not be held liable for any debt that the other spouse may incur during the marriage; Assets that, for sentimental or financial reasons, the spouses do not want to form part of a joint estate can remain separate; Spouses will not need to obtain each others consent when dealing with their own property.

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