THE DIFFERENT KINDS OF MARITAL REGIMES

Under South African Law one can get married in one of the following ways:

  1. Marriage in Community of Property

With this regime at the date of the marriage, the parties’s separate estate combine to form one joint estate. The parties share equally 50/50 in the assets and liabilities of their joint estate.

In the case of divorce, the said joint estate, after all of the estate liabilities should according to law be divided into equal shares and each party should get their half share.

  1. Marriage out of Community of Property:-

Two separate estates come into being – one for each of the parties. Marriage out of community of property furthermore has two sub-sections:

  1. MARRIAGE OUT OF COMMUNITY WITH THE INCLUSION OF THE ACCRUAL SYSTEM

The parties can list certain assets in the ANC to obtain an initial value of each estate, which value is later deducted from the final value of the said estate in order to determine the accrual thereof. The initial value is adjusted by a formula when it is to be deducted from the end value in order to keep up pace with inflation.

In short, the following happens:

M’s initial estate – R5 000-00.

V’s initial estate – ZERO.

After 10 years – divorce.

M’s estate now – R30 000-00 (after outstanding debt was taken into account).

V’s estate now – R10 000-00.

Initial value of M’s estate of R5 000-00 of 10 years back according to formula has to be adjusted which means that this is worth R9 000-00 in today’s money.

R9 000-00 is deducted from the R30 000-00 and the increase in the value of M’s estate is R21 000-00.

The same calculation is done with V  whose estate will have a value of R10 000-00.

Since M’s estate is R11 000-00 more than V’s estate, V will be entitled to half of M’s accrual. In other words, M must pay R5 500-00 to V upon the granting of a divorce order

  1. MARRIAGE IN COMMUNITY OF PROPERTY WITHOUT ACCRUAL

The two separate estates of the marrying parties are maintained in which the assets and liabilities remain that person’s exclusive property.

At divorce, none of the parties has a claim against the estate of the other party, subject to certain legislation, even though the other person has also become a multi-millionaire.

Contact our offices to speak to one of our friendly divorce attorneys should you require any assistance regarding an ongoing or pending divorce.