Accrual Claims in Divorce: Johannesburg Attorneys
An accrual claim requires more than comparing two current bank balances. The antenuptial contract, commencement values, excluded assets, liabilities and the evidence supporting each estate can all affect the assessment.
Brief initial telephone discussion at no charge. A paid consultation is arranged where appropriate. Attorney follow-up is ordinarily within one working day.
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 Hugh Raichlin Attorneys can help
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
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
Commencure 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.
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
Complete ANC; marriage certificate; commencement-value documentation; property, business and investment records; debt schedules; inheritance/gift records; valuations and draft settlement calculations.
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.
Related services
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.
What happens next?
Start with a brief telephone discussion so the firm can understand your matter and decide whether it may assist. That initial discussion is free. Where appropriate, a paid consultation is arranged, usually in person; remote arrangements may be considered.
You can begin through our AI-assisted WhatsApp enquiry service at any time. It gathers initial information and does not provide legal advice. Suitable prospective clients ordinarily receive an attorney call within one working day. A message does not confirm an appointment, acceptance of a matter or action on a deadline.
Speak to Hugh Raichlin Attorneys
Visit us by arrangement at 1 The Avenue, Norwood, Johannesburg 2192. Office hours are Monday–Friday, 08:30–17:00. New enquiries and WhatsApp: 011 010 8336. Email: reception@raichlin.co.za. Existing clients should use 011 483 1527.
Website information is general and is not legal advice. Every matter depends on its facts. Please send sensitive documents only when requested through an appropriate channel.
This website provides general information, not legal advice. Sending an enquiry does not by itself create an attorney-client relationship. Each matter is assessed on its own facts.