Calculation of the accrual?
The value of each spouse’s estate at commencement of the marriage must either be disclosed in the antenuptial contract or in a separate statement. If no value is recorded, the nett commencement value will be presumed to be nil.
On dissolution of the marriage each spouse’s estate will be valued again in order to calculate the growth/accrual of each estate. The commencement values are adjusted to make provision for inflation. The following assets are however left out of account in calculation of the accrual, unless the antenuptial contract provides to the contrary:
- Damages received for non-patrimonial loss ;
- Inheritances, legacies and donations received from third parties Section
- Assets especially excluded from the accrual in the antenuptial contract -
- Donations between the spouses -
The spouse whose estate shows a smaller increase has a claim against the spouse whose estate shows the greater increase, for half the difference between the respective accruals.