When a couple decides to divorce in South Africa, the way their assets are divided depends heavily on their marital regime. One of the most common options is the “Out of Community of Property with Accrual” system. This system balances financial independence during the marriage with a fair division of assets upon divorce.
In this blog, we’ll explore what it means to be married out of community of property with accrual, how it affects divorce proceedings, and why having an experienced divorce lawyer is essential to ensure a fair outcome.
When married out of community of property with accrual, each spouse retains ownership of the assets they brought into the marriage, but they agree to share any growth in wealth (the accrual) that happens during the marriage. Here’s a breakdown:
For example, if one spouse enters the marriage with a home worth R1,000,000, and the value of the home increases to R1,500,000 during the marriage, only the R500,000 increase forms part of the accrual, not the initial R1,000,000.
In a divorce out of community of property with accrual, the following steps are usually taken:
For example, if Spouse A’s estate grew by R2,000,000 and Spouse B’s estate grew by R1,000,000, Spouse B has a claim for R500,000 (half of the R1,000,000 difference) from Spouse A.
Divorcing under the accrual system can be complicated, particularly when it comes to calculating the accrual and determining which assets are included or excluded. Hiring an experienced divorce lawyer ensures that:
To get the best legal assistance during your divorce, consult a qualified family law attorney. At RMB Attorneys, our team of experienced divorce lawyers can guide you through the complexities of the Out of Community of Property with Accrual system and ensure a fair outcome.
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