Marriage Contract With Accrual: What It Is in Plain Language
When South Africans say “marriage contract”, nine times out of ten they mean a marriage contract with the accrual system. It is the most popular of the three matrimonial regime choices, and it sits in the middle ground between full sharing and full separation. This page is a plain-language explainer — what the contract is, what it changes, and what it means in everyday life.
What this kind of marriage contract is
A marriage contract is the everyday name for what the law calls an antenuptial contract (ANC). It is a notarial agreement signed before the wedding. It tells the Deeds Office, the courts, and any future creditor how your finances are organised inside the marriage.
South African law gives a marriage contract two flavours:
- With accrual — the standard option, governed by chapter 1 of the Matrimonial Property Act 88 of 1984.
- Without accrual — total separation, requires the contract to specifically exclude accrual.
This page is about the first one.
How a marriage contract with accrual works in plain language
Think of it as “separate during, share the growth at the end”.
During the marriage: two estates, two sets of bank accounts, two credit profiles, two sets of debts. Each spouse runs their own financial life. Neither needs the other’s signature for ordinary transactions, and one spouse’s creditors cannot reach into the other spouse’s pocket.
At the end of the marriage (whether by divorce or by the death of one spouse): both estates are valued. The starting value of each estate — declared in the contract on the day of marriage — is subtracted, after adjusting it upwards for inflation. Whatever each estate grew by is the accrual. The two accruals are compared, and the spouse who grew less can claim half of the difference from the spouse who grew more.
The result: independence while you are married, fairness when the marriage ends.
What this marriage contract changes versus the default
If you do nothing — no marriage contract, no notary, no Deeds Office — you are automatically in community of property. Signing a marriage contract with accrual changes four things:
- Asset ownership. From one shared pool to two private estates.
- Debt exposure. From “your debts are also mine” to “your debts are yours alone”.
- Spousal consent. From “I need my spouse’s signature for the big stuff” to “I can sign for myself”.
- What gets shared at the end. From a 50/50 split of everything to an equal share of the growth.
A real-life scenario
Consider a couple in their late 20s. She is a paediatrician building up a practice; he is a teacher. Both bring small estates into the marriage — she has a car loan and student debt; he has a paid-off car and a modest savings account. Twelve years later they part ways. Her practice is now worth R5 million; his savings and pension total R1.2 million. The accrual system says: subtract starting values (CPI-adjusted), compare the growth, share the difference equally. He receives roughly half the gap so that they leave the marriage with the same growth they each contributed to building, even though only one of them owned the practice.
That is the everyday appeal of the with-accrual marriage contract. It is fair without being heavy-handed.
Compare your three options before getting married
This is the same comparison most attorneys walk couples through. Use it to sense-check that “with accrual” is the right marriage contract for you.
| Question | No marriage contract (in community) | Marriage contract with accrual | Marriage contract without accrual |
|---|---|---|---|
| Do we need to sign anything? | No — this is the default | Yes — signed before a notary, registered at the Deeds Office | Yes — same process |
| Who owns what? | Everything in one pool, shared 50/50 | Each spouse owns their own estate | Each spouse owns their own estate |
| Who pays the debts? | Both of you — for either spouse’s debt | Each spouse, for their own debt only | Each spouse, for their own debt only |
| Do I need my spouse’s signature for big decisions? | Yes | No | No |
| What happens to inheritances? | Drop into the joint estate (unless the will says otherwise) | Stay separate by law | Stay separate by law |
| What gets shared at divorce or death? | The whole joint estate, 50/50 | Only the growth during the marriage, 50/50 | No automatic sharing — but court has discretion (see EB v ER 2024) |
| Best fit for | Couples who really do want to share everything equally | Most first-time marriages | Second marriages, family-business owners, large existing estates |
Detailed legal commentary on the accrual system → antenuptialcontracts.co.za
How your marriage contract is signed — without coming in
Most couples never set foot in our office. Modern engagements are busy and most clients live outside Pretoria, so we have built the workflow around power of attorney as the default route. You do not need to come in to sign before a notary.
- You both complete the marriage contract intake form. Five minutes.
- We draft the contract, listing any assets you want excluded from the accrual (a family business, a pre-marriage property, a retirement fund — anything you specifically agree should not be shared), and email it for your review.
- We send each of you a power of attorney. Sign and send back scans; originals follow by post or courier.
- A representative of our firm signs the marriage contract before the notary on your behalf, using your power of attorney. You do not need to attend.
- We lodge the signed contract at the Deeds Office for registration within the three-month statutory window.
If you would prefer to sign in person at our Pretoria office, that option is open — just tell us. Either way, the all-inclusive fee is R1,950: drafting, power of attorney, notary, and Deeds Office registration. No extras.
Frequently asked questions
Is “marriage contract” the same as “antenuptial contract”?
Yes. “Marriage contract” is the everyday term, “antenuptial contract” or “ANC” is the term used in South African statutes and at the Deeds Office.
Can we exclude specific things from the accrual?
Yes. The contract can list specific assets — a business, a property, an investment portfolio, a retirement fund — that will not be counted when the accrual is calculated. Inheritances and donations received during the marriage are excluded automatically.
What if we declare R0 as our starting value?
That is common and entirely valid. It just means the entire net value of your estate at the end will count as accrual.
Does the EB v ER 2023 case affect a marriage contract with accrual?
Not in any practical way. The Constitutional Court in EB v ER 2024 (2) SA 1 (CC) extended the section 7(3) redistribution remedy to out-of-community-without-accrual marriages. Where you have a marriage contract with accrual, the accrual mechanism itself already provides for fair sharing of growth, and section 7(3) is generally not invoked.
Can we change the contract once we are married?
Only via a section 21 High Court application. Both spouses must consent and the court must be satisfied that no creditor will be prejudiced.
Sign your marriage contract with accrual
R1,950 all-inclusive. Drafting, power of attorney, notary, and Deeds Office registration. Nationwide service from Louwrens Koen Attorneys, Pretoria.