Pros Of Getting Married Out Of Community Of Property Without Accrual:
- Each party will keep their individual assets and liabilities separate and can handle it however he/she likes.
- Spouses are not liable for each other’s debts, thus if one spouse becomes insolvent creditors cannot make a claim against the solvent spouse with regards to their assets.
- The financially and/or economically stronger spouse is not legally obligated to share his/her assets with the financially and/or economically weaker spouse. This is subject to judicial discretion and forfeiture of benefits.
Cons Of Getting Married Out Of Community Of Property Without Accrual:
- The economically and/or financially weaker spouse does not get to share in the estate of the economically and/or financially stronger spouse even if the other party indirectly contributed.
- An ANC has to be entered into prior to marriage which incurred additional fees.