Prenuptial Agreements in South Africa

The Accrual System as the Default Alternative

If the couple signs a properly drafted and notarized antenuptial agreement that excludes community of property, the marriage will automatically fall under the accrual system. In this system, the spouse whose estate increased less during the marriage is entitled to a portion—typically one-half—of the difference between the accrual of the two estates.

Custom Financial Arrangements

If the antenuptial agreement explicitly excludes both the community of property and the accrual systems, the couple is free to establish their own financial terms. These terms can vary as long as they do not violate public policy.