advertisement
Question
Posted by: Maria | 2010/07/15

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

Not what you were looking for? Try searching again, or ask your own question
Our expert says:
Expert ImageFamily law expert

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.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

2
Our users say:
Posted by: family law expert | 2010/07/18

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.

Reply to family law expert
Posted by: HW | 2010/07/15

I think that the family lawyer will answer you on this one. But, you are entitled to maintenance for your children - definitely. If you have not worked for a period of time, are currently unemployed and have stayed at home to bring up the kids, then you are entitled to ask for spousal maintenance for a certain period until you are back on your feet again and can get a job . If you are married ANC and the value of each of your estates was declared as 0 when you entered the marriage, then all your assets accrued during the marriage form part of the joint estate, except inheritances, and you are entitled to 50% of the vaule of the joint estate. You can claim 50% of his pension fund too. If there is current debt like a bond, the spouse in whose name the debt is, is responsible for it, but this also reduces the nett value of that persons share of the estate. Once you are divorced from your husband you are not responsible for any debt or repayments that he may have going forward. He has to continue to service this. You do need to get a lawyer to work out the share of accrual and how to split your assets so that it is fair. I can''t see why a legal aid person is any less competent to do this vs a paid lawyer, unless the estate is very complicated. Why don''t you give the family lawyer a bit more background to work with and he can advise you.

Reply to HW

Have your say

Thanks for commenting! Your comment will appear on the site shortly.
Thanks for commenting! Your comment will appear on the site shortly.
advertisement