When you sign a marriage contract in South Africa, you need to make one key decision: do you want a marriage contract with accrual or a marriage contract without accrual? This single choice determines how your finances will be shared — or not shared — when the marriage ends.Both types of marriage contract protect you from your spouse's debts and give you financial independence during the marriage. The difference is what happens at the end.
A marriage contract with accrual is what most couples choose, and what most attorneys recommend. It gives you the best of both worlds: protection and fairness.During the marriage: You each keep your own separate estate. Your assets are protected from each other's creditors. You manage your own finances independently.When the marriage ends: The growth in each spouse's estate during the marriage is calculated. The spouse whose estate grew more pays the other spouse half the difference. This ensures that both spouses share in the wealth built together — even if one spouse earned less or stayed home to raise children.
When you sign a marriage contract with accrual, each spouse declares the net value of their estate at the start of the marriage. This is called your commencement value. When the marriage ends — whether by death or divorce — each spouse's estate is valued again, adjusted for inflation, and the growth (the "accrual") is calculated.Example: You enter the marriage with R200,000 in assets. During 15 years of marriage, your estate grows to R2,000,000. Your accrual (growth) is R1,800,000. Your spouse entered with R50,000 and their estate grew to R500,000 — an accrual of R450,000. The difference between R1,800,000 and R450,000 is R1,350,000. Your spouse would receive half of that difference: R675,000. You keep the rest.
Certain assets are excluded from the accrual calculation by law, unless your marriage contract states otherwise:Inheritances received during the marriage. Legacies received during the marriage. Donations received from third parties during the marriage. Donations between spouses. Non-patrimonial damages (such as a pain and suffering award).This means that if you inherit R500,000 from a parent during the marriage, that amount is not included in your accrual and does not get shared with your spouse.
Yes. Your marriage contract with accrual can be tailored to your specific circumstances. Common customisations include:Different sharing ratio. Instead of 50/50, you can agree on 60/40, 70/30 or any other split.Delayed accrual. The accrual only kicks in after the marriage has lasted a certain number of years — for example, five years.Conditional accrual. The accrual only applies after a child is born.Specific asset exclusions. You can list particular assets — a family business, a specific property, a trust interest — that will be excluded from the accrual entirely, regardless of growth.Including inter-spousal donations. By default, donations between spouses are excluded from the accrual. Your marriage contract can specify that they will be included.Best for: Most couples — especially younger couples starting out together, couples where one spouse may earn less or take time off for children, and any couple that values both independence and fairness.
A marriage contract without accrual provides total financial separation. Each spouse keeps everything they accumulate — before and during the marriage. When the marriage ends, neither spouse has any financial claim against the other by virtue of the marriage contract (unless a court orders otherwise under other legislation).During the marriage: Identical to a marriage contract with accrual — separate estates, independent financial management, protection from each other's creditors.When the marriage ends: No sharing. Each spouse walks away with their own estate. There is no accrual calculation and no balancing payment.
The main downside of a marriage contract without accrual is that it can create economic inequality. If one spouse earns significantly more while the other stays home to raise children or support the household, the lower-earning spouse receives nothing from the growth of the higher-earning spouse's estate.This is why a marriage contract without accrual is generally only recommended in specific circumstances.Best for: Second marriages where both parties have established wealth. Couples with children from previous relationships who want to preserve their estates for those children. Older couples where both parties are financially independent. Marriages of convenience or practical arrangements where full separation is preferred.
Debt protection: Both types of marriage contract provide it. Your spouse's creditors cannot claim against your assets under either option.Financial independence during marriage: Both types of marriage contract provide it. You manage your own estate under either option.Sharing of growth on divorce or death: Marriage contract with accrual — yes, growth is shared. Marriage contract without accrual — no sharing at all.Protection of the lower-earning spouse: Marriage contract with accrual — yes, they share in wealth built during the marriage. Marriage contract without accrual — no protection unless the court intervenes.Pre-marital assets protected: Both types of marriage contract protect them. Under accrual, only the growth during the marriage is shared — what you brought in stays yours.Cost: Identical. Both types of marriage contract cost R1,950 all-inclusive at Louwrens Koen Attorneys.
Our Notary Public can discuss your circumstances and recommend the most suitable marriage contract for your situation. The consultation is included in our all-inclusive fee of R1,950.
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Related pages: What Is a Marriage Contract? | Marriage Contract Cost and Process | Marriage Contract FAQ
Louwrens Koen Attorneys
Notaries Public | Pretoria
Serving clients nationwide
www.antenuptialcontracts.co.za
This article is provided for general informational purposes and does not constitute legal advice. Each couple's circumstances are unique, and specific legal questions should be discussed with a qualified attorney or Notary Public.
