| Legal Document | No ANC (Default Regime) | Notarial Contract (ANC) | Notarial Contract (ANC) |
| Asset Ownership | One Joint Estate (50/50) | Two Separate Estates | Two Separate Estates |
| Debt & Liability | Jointly Liable. Creditors can seize the entire estate for either spouse's debt. | Individually Protected. Assets are shielded from the other spouse's creditors. | Individually Protected. Total separation of all assets and liabilities. |
| Contractual Power | Limited. Significant acts require spousal consent. | Full Autonomy. No consent needed to trade or buy property. | Full Autonomy. Total financial independence. |
| Sharing at Divorce | 50/50 split of the entire joint estate. | Accrual Formula: Sharing of wealth grown during the marriage only. | No Sharing. Each spouse retains only what is in their name. |
| Inheritances | Included in joint estate (unless specifically excluded by the Will). | Excluded. Inheritances and legacies are automatically separate. | Excluded. Remains the property of the inheriting spouse. |
| Duty of Support | Mandatory (Paid from Joint Estate). | Mandatory (Reciprocal). Both spouses must support the household. | Mandatory (Reciprocal). Duty of support remains despite asset separation. |
| Spousal Maintenance (Divorce) | Discretionary by Court (Divorce Act Section 7). | Discretionary by Court (Divorce Act Section 7). | Still Applicable. The court can award maintenance despite no sharing of assets. |
| Maintenance (Death) | Claim against the 50% share and deceased estate. | Claim against Accrual and the deceased estate. | Protected. Survivor can claim maintenance from the deceased estate. |
| Best Suited For | Not Recommended. High risk for modern couples and business owners. | First Marriages. Best for couples starting a life and building wealth together. | Second Marriages. Ideal for protecting children's inheritance or large existing estates. |
