Prenup With Accrual — Share What You Build Together
Independence now, fairness later. The most popular option for South African couples.
How Accrual Works — In Plain Language
When you sign your prenup, each partner declares a commencement value — the net worth of your estate at the start of the marriage.
During the marriage, you each manage your own finances. No shared bank accounts required. No permission needed to buy or sell.
When the marriage ends (by death or divorce), the growth above each commencement value is compared. The partner whose estate grew more compensates the other so both share equally in the combined growth.
For a detailed worked example with Rand amounts, see the accrual guide on antenuptialcontracts.co.za.
Is Accrual Right for You?
- You want to protect what you bring into the marriage — property, savings, investments
- You believe both partners should share in the financial growth — even if one earns more
- One of you plans to stay home with children — accrual ensures that partner isn’t left with nothing
- You want financial independence during the marriage — no spousal consent needed
- You want a fair outcome without the risks of sharing everything from day one
What About Inheritances and Donations?
By default, inheritances and donations received during the marriage are excluded from the accrual calculation. A large inheritance won’t be split with your spouse. Your attorney can explain how exclusions work when drafting your prenup.
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 makes accrual even more relevant — it formalises the sharing that courts are now willing to impose. Read the full case analysis.
Get Your Prenup With Accrual
R1,950 all-inclusive. We’ll help you determine your commencement values and draft a prenup that protects both partners.
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