What Does It Mean to Have an Antenuptial Contract with Accrual?
In South Africa, couples can shape their financial future before marriage by choosing a matrimonial property regime. One of the most popular options is the antenuptial contract with accrual, which provides a fair system for sharing assets while protecting individual ownership during the marriage.
At Burger Huyser Attorneys, we guide couples through this important legal decision by drafting and registering antenuptial contracts tailored to their unique needs. Understanding how an antenuptial contract with accrual works is essential to protect both partners’ interests.
How an Antenuptial Contract With Accrual Works in South Africa
An antenuptial contract with accrual allows both partners to keep the assets they owned before the marriage separate, but share any growth in value accumulated during the marriage. This system is designed to be equitable, particularly if one spouse contributes more financially while the other contributes in non-monetary ways, such as raising children or supporting a business.
Key Elements of an Antenuptial Contract With Accrual:
- Separate estates remain protected: Assets owned before marriage are excluded from sharing.
- Growth during marriage is shared: Only the net increase in value (accrual) is divided equally at divorce or death.
- Fairness and flexibility: Both parties benefit from contributions made during the marriage, regardless of income.
This system ensures a balanced division of wealth while maintaining autonomy over personal assets. It also eliminates disputes in the event of separation by establishing clear financial expectations from the outset.
Burger Huyser Attorneys—Experts in Antenuptial Contract Drafting
Burger Huyser Attorneys specialises in family law and antenuptial agreements, including contracts with accrual. Our legal team ensures that your contract is:
- Legally sound and enforceable
- Fully explained in plain language
- Drafted, notarised, and registered with the Deeds Office
We provide one-on-one consultations to help you understand the implications of your chosen marital regime and to answer any legal or financial questions.
With our experience and attention to detail, we help couples enter marriage with confidence and clarity.
Secure Your Future With a Legally-Sound Antenuptial Contract
Choosing the right marital property system is one of the most important legal steps before tying the knot. With an antenuptial contract with accrual, you protect your personal assets while ensuring a fair and future-focused partnership.
Contact Burger Huyser Attorneys today to book your consultation and let our expert legal team draft your customised antenuptial agreement with precision and care.
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 4699; Bedfordview call 061 536 3223
