Accrual Claims in Divorce: Johannesburg Attorneys
Hugh Raichlin Attorneys in Norwood, Johannesburg helps clients assess the documents and financial evidence behind an accrual claim in divorce. The antenuptial contract, commencement values, exclusions, liabilities and valuations need to be considered before agreeing a division.
The initial telephone discussion is free and helps us understand whether the firm can assist. A paid consultation is arranged where appropriate. We aim to respond within one working day after receiving your enquiry.
Principal Attorney & Accredited Mediator
Family-law advice on financial disclosure and the issues involved in an accrual claim.
This page is for you if…
- Your ANC provides for accrual and you need its effect explained.
- You disagree about assets, debts, commencement values or exclusions.
- Business interests or property need to be valued.
- A proposed settlement relies on an unsupported accrual calculation.
How is an accrual claim assessed?
The accrual system addresses the growth in the spouses' estates during a marriage that is out of community of property with accrual, calculated when the system becomes relevant on dissolution. It is not automatic co-ownership of each asset, and the actual antenuptial contract, commencement values, exclusions and valuations must be considered before agreeing a division.
Start with the actual contract
We review the ANC and relevant documents instead of assuming every out-of-community marriage has the same consequences. The terms and applicable legal framework determine the analysis.
Identify the evidence behind the figures
Financial disclosure, commencement-value records, asset histories and valuations may be needed. We help identify missing information and, where appropriate, the need for accounting or valuation expertise.
Negotiate an informed settlement
Once the issues and evidence are clearer, the claim can be assessed in the broader settlement. Payment timing, liquidity, property transfers and other obligations need to be workable.
What to consider before deciding
| Input | Records to examine | Question for the consultation |
|---|---|---|
| The marital agreement | Complete ANC and related documents | Does the calculation use the applicable agreement and regime? |
| Commencement values | The declaration and available supporting records | Which values are agreed and which need clarification? |
| Claimed exclusions | Relevant contract terms and asset histories | What is the basis for treating an item separately? |
| Current assets and liabilities | Financial statements, ownership and debt records | Are the figures complete, current and supported? |
| Business or property valuations | Available professional reports and assumptions | What is valued, at which date and on which basis? |
| Implementation | Proposed payment or transfer arrangements | Is the intended settlement practically workable? |
An unsupported spreadsheet is not a substitute for examining the contract, evidence and applicable rules. Tell the attorney which figures are estimates or disputed.
Accrual is not automatic co-ownership of each asset
The system concerns the relevant growth in estates under the applicable rules. It should not be presented as a simple entitlement to half of every item purchased during marriage.
Exclusions and valuations can be disputed
An asset described as inherited, gifted or excluded may require evidence of its source and treatment. A business book value, market value and proposed sale value are not necessarily interchangeable.
A non-accrual contract raises different questions
Do not infer that exclusion of accrual eliminates every possible maintenance, redistribution or other claim. Those are separate legal questions that require advice on the current law and facts.
An evidence-led accrual assessment
Contract
The ANC and applicable legal framework determine whether an accrual system applies and on what terms.
Commencement records
Commencement values and the relevant estate information at the start of the marriage anchor the calculation.
Assets, liabilities & exclusions
Each estate's assets, debts and excluded items need to be identified and supported by evidence.
Valuation questions
Business, property and investment values may require independent valuation or accounting expertise.
Legal assessment
The properly supported claim is assessed within the broader settlement and implementation terms.
These are records and questions for an assessment, not an online calculation of your entitlement.
The next steps
- 1Review the marriage documents and regime.
- 2Compile financial disclosure and identify valuation gaps.
- 3Assess commencement values, exclusions and relevant estate growth.
- 4Negotiate or litigate the properly supported claim and implementation terms.
Information to prepare
A brief enquiry is enough to start. For the consultation, organise the relevant records below where available. Send identifying or financial documents only when the firm requests them through an appropriate channel.
- The complete antenuptial contract and marriage certificate.
- Records of commencement values and supporting documents.
- Property, business and investment information relevant to the estates.
- Schedules of debts and liabilities.
- Records explaining inheritances, gifts or claimed exclusions.
- Valuations and any draft settlement calculation you have been asked to accept.
Common mistakes to avoid
Do not confuse turnover with business value, ignore liabilities, use informal estimates as final figures or transfer assets to defeat a claim. Avoid signing a waiver before understanding the calculation.
Relevant experience for your matter
HRA's family, commercial and property capabilities are relevant where a divorce involves company interests, property and competing valuations.
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
40 years of legal experience across contested and negotiated family-law matters, with court-annexed and international mediation credentials.
View Hugh's profile
Jessica El-Hage
Attorney
LLB · University of Johannesburg
Family-law work including opposed and unopposed divorce, settlement agreements and parenting matters.
View Jessica's profileFrequently asked questions
Is accrual the same as community of property?
No. They are different matrimonial-property systems. The ANC and applicable law must be reviewed.
Can we use a simple online calculator?
It may illustrate a concept but cannot resolve disputed exclusions, valuations or legal claims. It should not determine your settlement.
Do inheritances always count?
Their treatment depends on the applicable rules and documents. Provide the relevant records rather than assume the answer.
Can the firm assist with a business valuation dispute?
Yes, as part of the legal matter. Independent valuation or accounting expertise may also be needed and is scoped separately.
What should I do when figures in a proposed settlement are disputed?
Identify the figures you dispute and the records supporting your concern. Keep the complete proposal and ANC available. The attorney can assess the questions and whether separate valuation or accounting input may be needed.
Can I enquire before obtaining every valuation?
Yes. A short description of the dispute and available records is enough for an initial enquiry. Further information and professional input can be identified when the matter is assessed.
Related services
Useful sources
- Matrimonial Property Act 88 of 1984The law on accrual, including growth in spouses' assets and the starting values and exclusions relevant to an accrual claim.
- Divorce Act 70 of 1979 - Department of JusticeDivorce law covering maintenance and the division of assets, alongside the separate rules used to assess an accrual claim.
Other matters to review as your circumstances change
A divorce can also affect your will, property and business arrangements. Where needed, our team can coordinate advice across these areas.
Consultation fees
R3,450 including VAT (R3,000 + R450 VAT).
A brief initial telephone discussion is free and helps us assess whether the firm can assist. Where a standard legal consultation is appropriate, its fee is R3,450 including VAT. This is separate from the fees for carrying out the matter. We will confirm the scope and arrangements before booking.
Understand the documents before agreeing a division.
Tell us about the ANC, the disputed figures and any proposed settlement. A brief enquiry is enough to begin the assessment.
How to get started
- 1
Send a brief enquiry, or start an AI-assisted WhatsApp enquiry at any time.
- 2
The initial telephone discussion is free and helps the firm assess whether it can assist. Where the firm may be able to help, an attorney ordinarily follows up within one working day after receipt.
- 3
Where appropriate, a paid consultation is arranged. Its scope and fees are confirmed separately; consultations are usually in person, with remote arrangements considered where suitable.
WhatsApp AI gathers initial information; it does not provide legal advice. An enquiry does not confirm an appointment, acceptance of a matter or action on a deadline.