Prenup With Accrual: The Fair-Compromise Prenuptial Agreement
If you are looking at a prenup in South Africa, this is the option most couples end up choosing. It keeps your estates separate while you are married, and shares the growth you build together when the marriage ends. In legal terms it is called an antenuptial contract (ANC) with the accrual system — but most engaged couples just call it a prenup with accrual.
This page explains, in plain English, what a prenup with accrual actually does, who it suits, and how to put one in place before your wedding.
What this prenup option actually does
A prenup with accrual gives you two things at the same time:
- Independence while you are married. Your assets are yours, your debts are yours. Your spouse’s assets are theirs, their debts are theirs. Neither of you needs the other’s signature to buy a car, sign a lease, or run a business.
- Fair sharing at the end. When the marriage ends — by divorce or by the death of one spouse — the growth in each person’s estate during the marriage is added up and shared equally. The wealth you brought into the marriage stays yours; only what you built together gets shared.
The Matrimonial Property Act 88 of 1984 sets the rules. Unless your prenup specifically excludes the accrual system, accrual is the default for any couple signing a prenup in South Africa.
Day-to-day during the marriage
Day-to-day, a prenup with accrual feels much like being unmarried financially:
- Each spouse keeps their own bank accounts, investments, and credit profile.
- Neither spouse can be sued for the other’s debt.
- Either spouse can buy or sell property, take out loans, or sign contracts without the other’s written consent.
- Inheritances and gifts you receive during the marriage stay yours and are excluded from the accrual automatically.
This is the core appeal: you are married, but your financial life is your own.
What happens at divorce or death
This is where the accrual mechanism kicks in. The maths is simpler than it sounds.
- Each spouse declared a net commencement value in the prenup — what your estate was worth on the day of the wedding. (If you declared zero, that is also fine; many couples do.)
- That commencement figure is adjusted upwards for inflation using the Consumer Price Index, so it keeps its real value.
- Each spouse’s current net estate is calculated, then the adjusted commencement value is subtracted. The difference is your accrual.
- The two accruals are compared. Whichever spouse grew less has a claim against the other for half the difference.
A simple example. Picture a couple in their early 30s. He starts a software business after the wedding; she stays in salaried work and helps fund the business in the early years. Ten years later they divorce. His estate has grown by R4 million; hers by R600 000. The difference is R3.4 million. She has an accrual claim against him for half of that — R1.7 million. The wealth they built in those ten years is shared equally, even though the business is in his name.
Who a prenup with accrual is right for
- First marriages, especially where neither spouse has significant existing wealth.
- Couples where one spouse is likely to earn or build more than the other during the marriage, but both consider the marriage a partnership.
- Couples where one spouse owns a business and wants to keep operational independence (no spousal-consent issues) while still sharing growth fairly.
- Couples who do not want to be exposed to each other’s debt — one of the biggest practical drawbacks of marrying without a prenup.
Who it is not right for
- Second marriages where each spouse already has adult children and wants estates to remain entirely separate. A prenup without accrual is usually the better fit.
- Couples where one party brings substantial inherited wealth that must be ring-fenced — though much of this can be handled by listing exclusions inside an accrual prenup.
Compare your three options before marriage
To put a prenup with accrual in context, here is how all three South African matrimonial options stack up. The middle column is the option this page is about.
| What changes | No prenup (in community of property) | Prenup with accrual | Prenup without accrual |
|---|---|---|---|
| Document you sign | Nothing — default regime | Notarial prenup (ANC) | Notarial prenup (ANC) |
| Whose assets are whose | One joint estate — 50/50 | Two separate estates | Two separate estates |
| Exposure to spouse’s debt | Fully exposed — creditors can take joint assets | Protected — their debts are theirs | Protected — total separation |
| Need spouse’s consent for big decisions? | Yes — for property, big credit, etc. | No — full autonomy | No — full autonomy |
| Sharing at divorce or death | 50/50 split of the joint estate | Growth during the marriage is shared equally | No sharing — each keeps their own |
| Inheritances | Fall into the joint estate unless the will says otherwise | Automatically excluded | Automatically excluded |
| Best suited for | Couples who genuinely want full sharing — rare in modern marriages | Most first marriages | Second marriages, business owners, large existing estates |
Read the full legal explanation of the accrual system on antenuptialcontracts.co.za →
How your prenup is signed — without coming in
Most of our couples never set foot in our office. Modern engagements are busy, and we have built the workflow around power of attorney as the default path. You do not need to come in to sign before a notary.
- You both complete the prenup intake form. Five minutes.
- We draft the prenup with accrual and email it for your review — usually within a working day.
- We send each of you a power of attorney to sign. You sign and send back scans (originals follow by post or courier).
- A representative at our firm signs the prenup before the notary on your behalf, using your power of attorney. You do not need to be present.
- We lodge the signed prenup at the Deeds Office for registration within the three-month statutory window.
If you would prefer to sign in person at our Pretoria office, you are welcome to — just tell us. Either way, the all-inclusive fee is R1,950: drafting, power of attorney, notary, and Deeds Office registration. No extras, no surprises.
Frequently asked questions
Is “prenup with accrual” the same thing as an antenuptial contract?
Yes. “Prenup” is the everyday word; “antenuptial contract” (ANC) is the legal term used in the Matrimonial Property Act and at the Deeds Office. The accrual system is one of two flavours an ANC can take.
Can I exclude my business from the accrual but keep accrual on everything else?
Yes. The accrual system allows specific assets to be listed as exclusions in the prenup itself — a family business, a particular property, a retirement fund, an investment portfolio. The accrual then applies to everything else.
What happens if we declare a commencement value of zero?
Many couples do, and it is perfectly valid. It simply means the entire growth of your estate during the marriage will count as accrual.
Can we sign a prenup with accrual after the wedding?
No. A prenup must be signed before the marriage. After the wedding, changing your matrimonial regime requires a High Court application, which is far slower and more expensive.
What about the EB v ER 2023 case — does it affect a prenup 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 an accrual contract, the accrual mechanism itself already provides for fair sharing of growth, and section 7(3) redistribution is generally not invoked. Accrual remains the most balanced South African option for couples building wealth together.
How long before the wedding should we start?
Four to six weeks is comfortable. We have done it faster, but starting early avoids stress in the run-up to the wedding.
Start your prenup with accrual
R1,950 all-inclusive — drafting, notary, and Deeds Office registration. Nationwide service from Louwrens Koen Attorneys, Pretoria.