Marriage Contract - Accrual

Dolby

Honorary Master
Joined
Jan 31, 2005
Messages
32,700
Hypothetical question :

I understand the accrual and everything slit 50:50 when there is a divorce - but what the initial money when one goes into the marriage? How is that worked out over the time?

I go into a marriage with R400,000.00 and she goes in with R300,000.00 - in 15 years we split ... how is it worked out what is mine currently (if that makes sense)?
 

HavocXphere

Honorary Master
Joined
Oct 19, 2007
Messages
33,155
Accrual has no effect on money before marriage if you have an ante-nuptial. You'd need to specify Rand amounts in the ante-nuptial though afaik. Accrual is specifically aimed at during marriage.

Also - I've seen judges enforce +- accrual despite there being no official accrual.
 

Paul Hjul

Honorary Master
Joined
Aug 31, 2006
Messages
14,902
The CPIX is used so the R100 000 difference of today will be adjusted at the time of marital dissolution.
 

SauRoNZA

Honorary Master
Joined
Jul 6, 2010
Messages
47,910
Hypothetical question :

I understand the accrual and everything slit 50:50 when there is a divorce - but what the initial money when one goes into the marriage? How is that worked out over the time?

I go into a marriage with R400,000.00 and she goes in with R300,000.00 - in 15 years we split ... how is it worked out what is mine currently (if that makes sense)?

You declare your existing assets that you want to keep to yourself and exclude from the accrual in your prenuptial agreement, that's why it exists after all.

Should the marriage be nullified those items or values will be distributed first, them the accrued amounts/items will be split as per the agreement.
 
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