Understanding an Antenuptial Contract with Accrual With Accrual Examples

In South African law, couples have the option to regulate their financial relationship before marriage through an antenuptial contract (ANC). One popular choice is the antenuptial contract with accrual, a system that balances individual ownership with shared growth in wealth during the marriage.

At Burger Huyser Attorneys, we specialize in helping clients understand and draft antenuptial contracts tailored to their needs. Here, we explain what an antenuptial contract with accrual means and provide a practical example to illustrate how it works.

How Does an Antenuptial Contract with Accrual Work?

An antenuptial contract with accrual allows each spouse to keep ownership of their pre-marriage assets, but any increase in wealth during the marriage—the “accrual”—is shared equally upon divorce or death, unless agreed otherwise.

Example of Accrual Calculation:

  • Spouse A’s estate at marriage: R500,000 
  • Spouse B’s estate at marriage: R300,000 
  • Spouse A’s estate at divorce: R1,000,000 
  • Spouse B’s estate at divorce: R700,000 

Accrual for Spouse A: R1,000,000 – R500,000 = R500,000
Accrual for Spouse B: R700,000 – R300,000 = R400,000

The difference in accrual is R100,000, so Spouse B is entitled to half of that amount (R50,000) from Spouse A’s estate.

This system encourages fairness while allowing individual financial independence during marriage.

Why Choose Burger Huyser Attorneys for Your Antenuptial Contract?

Burger Huyser Attorneys provides expert legal guidance on antenuptial contracts with accrual, helping you:

  • Understand the financial implications 
  • Draft a clear, legally binding contract 
  • Protect your estate and assets 
  • Navigate all legal procedures, including registration 

Our experienced family law team ensures your marriage begins on solid legal and financial ground, tailored specifically to your circumstances.

Secure Your Financial Future Today

Whether you want to safeguard your assets or ensure fairness in your marriage, an antenuptial contract with accrual is a smart choice. Contact Burger Huyser Attorneys to schedule your consultation and get professional support in drafting the perfect antenuptial agreement for your needs.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358 Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699Bedfordview call 061 536 3223