Antenuptial Contracts (ANC)

Marriage out of Community of Property WITHOUT Accrual

If you do not want the accrual system to apply, it must be specifically excluded in the contract.

This achieves a complete separation of assets of spouses – not only those brought into the marriage but also those acquired during the marriage. Each spouse will retain ownership of completely separate estates.

There is no sharing and on dissolution of the marriage, neither spouse has any claim against the assets of the other. Similarly, neither spouse is liable for the debts of the other. In other words, there is no sharing of profit or loss and the Court has no discretion whatsoever to adjust the division on the basis of equity or fairness.

It is recommended in circumstances where both parties have income and property. Mostly couples marrying for the second time where there are children from previous marriages involved.

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