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15 Jul 2010

Accrual system
Is it true that if you are married according to the ANC with accrual contract you split 50 % of all that you accumulated within the marriage and anything that was owned by one party before marriage remains theirs even though contract says you enter marriage with 0. So it is also true that after the divorce because you were married with accrual the husband does not have to continue to pay anything further i.e. child maintenance or maintenance for wife who is unemployed by mutual agrmnt. Surely he still needs to pay monthly maint till the kids are of a certain age? surely he needs to pay the wife sum mainte until she finds her own job?

Which of the following is the best agrmnt to be in in time of divorce when the wife quit her job to look after kids mutually agrd upon decision, would it be community of property and if so why would the accrual system not be to a benefit to the wife or what would the disadvantages to the unemployd wife be?
Also does debt always have to be paid off before a div goes through?

Pls clarify?
Thanks
Answer 519 views
Expert
Family law expert
family law expert

01 Jan 0001

The accrual system is regulated in terms of Chapter 1 of the Matrimonial Property Act 88 of 1984. Where a party's estate accrued substantially during the subsistence of the marriage between the parties and has shown a greater accrual than that of the other party on dissolution of the marriage relationship, the party with the lesser acrual will acquire a claim against the other for an amount equal to one-half of the difference between the accrual of the parties’ respective estates.

Your husband still has to pay maintenance until the children is self supporting and you may be able to claim rehabilitative maintenance from him until you find a job. It is not true that debts must be paid first before the divorce can take place.

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