Should You Get Married With or Without Accrual in South Africa?

Marriage is not just a union of two people but also a partnership that often involves complex financial decisions. At Burger Huyser Attorneys, we understand how important it is to choose the right marital regime that suits your lifestyle and financial goals. One key question many couples face is: Is it better to get married with or without accrual?

Here we will clarify the differences, advantages, and legal implications of marrying with or without accrual and how our expert legal services can help you make the best choice.

Understanding Marriage With and Without Accrual

In South African law, marriage out of community of property can be entered into with accrual or without accrual. These options affect how spouses’ assets and liabilities are managed during and after the marriage.

Marriage Without Accrual

When you marry without accrual, you keep your estates entirely separate. Each spouse owns and controls their assets individually, and there is no sharing of growth or increase in estate value during the marriage. This option provides maximum financial independence but little financial sharing.

Marriage With Accrual

Marriage with accrual combines financial independence with fairness. Each spouse maintains ownership of their own estate during the marriage, but the increase in the value of these estates (the accrual) is shared equally upon divorce or death. This protects both partners and rewards joint financial growth.

Why Choose to Marry With or Without Accrual?

Benefits of Marrying With Accrual

  • Ensures fair sharing of asset growth acquired during the marriage
  • Protects pre-marital assets and individual ownership
  • Provides financial fairness in case of divorce or death

Benefits of Marrying Without Accrual

  • Complete financial independence and control
  • Protection from each other’s debts and financial risks
  • Ideal for couples with very different financial situations or business interests

At Burger Huyser Attorneys, we help you weigh these benefits based on your personal circumstances and future plans.

How Burger Huyser Attorneys Can Help You Decide

Choosing the right marital regime requires expert legal advice and a carefully drafted antenuptial contract. Our team at Burger Huyser Attorneys offers specialised services to guide you through this important decision:

  • Consultations to explain legal implications of each option
  • Drafting and reviewing antenuptial contracts tailored to your needs
  • Professional notarial services for seamless contract registration
  • Ongoing support in family law matters related to your marriage

We ensure you understand the long-term impact of your choice and that your contract reflects your intentions precisely.

Secure Your Financial Future with Confidence

Whether you lean towards marrying with or without accrual, Burger Huyser Attorneys is committed to helping you protect your interests and make informed decisions. Don’t leave your financial security to chance—work with experienced attorneys who specialise in marital regimes.

Contact Burger Huyser Attorneys today to schedule a consultation and take the first step toward a legally sound and financially secure marriage.

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