When planning a marriage in South Africa, one of the most important legal decisions you’ll make is how your marital property will be managed. Simpson Incorporated helps you make that decision with confidence and clarity—particularly when considering antenuptial contracts that exclude the accrual system.
What is an Antenuptial Contract?
An antenuptial contract, also known as a prenup, is a legally binding agreement entered into before marriage. It determines how assets and liabilities will be handled during the marriage and in the event of divorce or death. Without this agreement, you will automatically be married in community of property, which means all your assets and debts are shared equally with your spouse.
Why Exclude the Accrual System?
South African law provides two main options when entering into an antenuptial contract:
· With accrual – future growth in estates is shared equally.
· Without accrual – each party retains separate estates before, during, and after the marriage.
When you choose to exclude the accrual system, your estate remains entirely separate from your spouse’s, meaning:
· No claims can be made on each other’s assets accumulated during the marriage.
· You retain full ownership and control of your property, savings, and investments.
· Your financial independence is legally protected.
This option is ideal for individuals who:
· Own significant personal assets or businesses.
· Have children from previous relationships.
· Prefer to maintain complete financial autonomy.
· Are entering second or later marriages.
Legal Clarity, Tailored to You
Simpson Incorporated understands that every couple’s situation is unique. With over 30 years of legal experience, we provide professional, compassionate, and clear advice to help you determine if an antenuptial contract excluding accrual is the best option for your future.
Our team will guide you through:
· Understanding your legal rights and obligations.
· Drafting a contract that reflects your wishes and complies with the Matrimonial Property Act.
· Registering your antenuptial contract with the Deeds Office before your wedding.
We don’t just draft contracts—we ensure you understand them. Our mission is to give you peace of mind and ensure that your interests are safeguarded from the start.
Ready to Protect Your Future?
Let’s discuss whether an antenuptial contract excluding the accrual system suits your needs. Contact Simpson Incorporated today to book a consultation and get expert legal support for your journey into marriage.
