Matrimonial Property Act, 1984 (Act No. 88 of 1984)Chapter I : Accrual System4. Accrual of estate |
| (1) |
| (a) | The accrual of the estate of a spouse is the amount by which the net value of his estate at the dissolution of his marriage exceeds the net value of his estate at the commencement of that marriage. |
| (b) | In the determination of the accrual of the estate of a spouse— |
| (i) | any amount which accrued to that estate by way of damages, other than damages for patrimonial loss, is left out of account; |
| (ii) | an asset which has been excluded from the accrual system in terms of the antenuptial contract of the spouses, as well as any other asset which he acquired by virtue of his possession or former possession of the firstmentioned asset, is not taken into account as part of that estate at the commencement or the dissolution of his marriage; |
| (iii) | the net value of that estate at the commencement of his marriage is calculated with due allowance for any difference which may exist in the value of money at the commencement and dissolution of his marriage, and for that purpose the weighted average of the consumer price index as published from time to time in the Gazette serves as prima facie proof of any change in the value of money. |
| (2) | The accrual of the estate of a deceased spouse is determined before effect is given to any testamentary disposition, donation mortis causa or succession out of that estate in terms of the law of intestate succession. |