This system is by far the most popular amongst young couples today. It combines the protection of an out of community marriage with the notion of sharing and rewarding each spouse equally for their advancements throughout the duration of the marriage.
Each spouse’s estate is given a value at the commencement of the marriage. Upon death or divorce, each spouse’s estate is again valued. The difference between these two amounts represents the growth (or reduction) in each spouse’s estate during the marriage.
The difference between the two growths constitutes the ACCRUAL. The spouse with the smaller growth will have a claim against the other spouse for half this difference.
Take the following scenario as an example:
Peter starts the marriage with a commencement value of nil, as does Jane. After 3 years they decide to divorce.
Jane had a very successful business during the marriage and her estate is now valued at R 500 000. Peter stayed at home to cook and clean and his estate remained at nil.
Jane’s growth is R500 000 and Peter’s is nil. The difference between the two is R 500 000. This amount constitutes the accrual.
Upon their divorce, the court will award Peter R 250 000 and Jane will be left with R 250 000. EQUAL SHARES IN WHAT THEY ACCUMULATED TOGETHER DURING THE MARRIAGE.
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