Out of Community of Property — Which Option Is Right for You?
With accrual or without? This guide helps you decide.
With Accrual — “We Share What We Build Together”
This is the most popular option for South African couples. During your marriage, each spouse manages their own finances independently. But when the marriage ends — by death or divorce — the growth in each estate is shared equally.
In plain language:
- What you bring into the marriage stays yours
- What you build during the marriage is shared
- Your debts remain your own
- The financially weaker spouse is protected
Choose accrual if:
- You want fairness — one partner shouldn’t walk away with nothing after years of contributing
- One of you earns more, or one plans to stay home with children
- You want independence during the marriage but shared outcomes at the end
- You want to protect assets you already own (property, savings, inheritance)
Important — 2023 court development: The Constitutional Court ruled that even in marriages without accrual, a court may order redistribution if one spouse would be left destitute. This has made accrual even more relevant. Read the full case analysis.
Without Accrual — “What’s Mine Stays Mine”
Complete financial separation. Nothing is shared — not during the marriage, not at the end.
Choose without accrual if:
- Both of you have established careers and significant assets
- One or both of you own businesses you want to keep entirely separate
- This is a second marriage and you want to protect assets for children from a previous relationship
- Both of you prefer total financial independence
Think carefully if: One partner earns significantly less, or plans to step back from work to raise children. Without accrual, that partner has no automatic claim to the growth in the other’s estate.
Still Not Sure? Ask Yourselves:
- If one of us stays home to raise children, should they share in the financial growth? If yes → accrual.
- Do we both earn well and want complete independence? If yes → consider without accrual.
- Does one of us own a business that must stay separate? Without accrual may suit, but get legal advice.
- Do we want a balance — independence now, fairness later? Accrual is designed for exactly this.
Not sure? Most couples choose accrual. It’s the safest and fairest option for the majority of situations.
Get Your Marriage Contract
Whether you choose accrual or not, we draft a contract that fits your circumstances and register it at the Deeds Office — all for R1,950.
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