What Does Out of Community of Property with Accrual Mean?
In South African family law, couples can choose the matrimonial property system that best fits their financial situation before marriage. One popular option is to marry out of community of property with accrual, a regime that balances financial independence with shared growth during the marriage.
At Burger Huyser Attorneys, we specialise in providing clear legal guidance and drafting customised antenuptial contracts (ANCs) to protect your interests. Understanding the implications of the out of community of property with accrual system is essential to safeguarding your financial future.
How Does the Out of Community of Property with Accrual Regime Work?
Marrying out of community of property with accrual means that each spouse maintains ownership of their own assets and debts during the marriage, but the growth (or accrual) of their estates during the marriage is shared equally upon dissolution (divorce or death).
Key Features of the Accrual System Include:
- Separate estates during marriage: Assets and liabilities remain individual during the marriage.
- Equal sharing of estate growth: Upon divorce or death, the difference in the increase of each spouse’s estate is calculated, and the spouse with the smaller accrual can claim half of the difference.
- Protection for pre-marriage assets: Assets owned before marriage are excluded from the accrual calculation, ensuring protection for individual wealth.
This system offers a fair balance between independence and partnership, making it ideal for many modern couples.
Why Choose Burger Huyser Attorneys for Your Prenuptial Contract?
Burger Huyser Attorneys specialises in family law services, including expert advice and drafting of antenuptial contracts out of community of property with accrual. Our services include:
- Comprehensive consultations explaining matrimonial property regimes
- Drafting and notarising prenuptial agreements tailored to your needs
- Registering your ANC with the Deeds Office to ensure legal validity
- Providing ongoing legal support for marital property and estate planning
Our team ensures your rights and assets are protected, offering you peace of mind as you embark on your marriage.
Secure Your Financial Future Today
Choosing to marry out of community of property with accrual can protect your assets while sharing in your spouse’s financial growth. Don’t leave your future to chance—work with Burger Huyser Attorneys to draft a customised antenuptial contract that fits your unique situation.
Contact Burger Huyser Attorneys now for your personalised consultation and take the first step towards a secure and fair marital property agreement.
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
