The accrual system is applicable to all marriages out of community of property, unless the prospective spouses specifically exclude the accrual system in their contract. 'Accrual' means increase and the accrual system is a form of sharing the assets that are built up during the marriage.
Read MoreWithout Accrual the parties specifically declare that the Accrual system as set out in the Matrimonial Property Act will not be applicable to their marriage and will specifically be excluded.
Read MoreThe most prejudicial consequence of marrying in community of property, is that assets in the joint estate will always be vulnerable to the claims of creditors of both spouses. This marital regime is definitely not recommended for spouses running their own independent businesses as premarital and post-marital liabilities will become communal, thereby endangering the good standing of not just one, but both spouses
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| Feature | In Community of Property | Out of Community (WITH Accrual) | Out of Community (WITHOUT Accrual) |
| Legal Status | One Joint Estate (Default) | Two Separate Estates | Two Separate Estates |
| Before Marriage | No ANC required. | ANC signed before a Notary. | ANC signed before a Notary. |
| Debts & Liability | Joint Liability. Creditors can seize all assets for either spouse's debt. | Protected. Creditors generally cannot touch the other spouse's assets. | Protected. Total separation of assets and liabilities. |
| Contractual Power | Joint consent required for most major transactions (buying property, etc.). | Full Independence. No consent needed for contracts or purchases. | Full Independence. Total financial autonomy. |
| At Death or Divorce | Joint estate is split 50/50. | Sharing of Growth. The spouse with the smaller growth claims half the difference. | No Sharing. Each spouse keeps only what is in their own name. |
| Key Advantages | Promotes total economic equality. | The Fair Choice. Shares wealth built together while protecting pre-marital assets. | Asset Safety. Ideal for protecting business interests or existing wealth. |
| Major Risk | Insolvency Risk. One spouse's business failure ruins both parties. | Requires accurate record-keeping of "Commencement Values." | Can leave a non-earning spouse financially vulnerable. |
| Best Suited For | Not recommended in modern South African law due to high risk. | Younger Couples starting a life together or business owners. | Second Marriages, couples with children from previous unions, or high-net-worth individuals. |
