Most South Africans are married either under an anti-nuptial contract (ANC) with accrual or a traditional marriage. The latter is marriage in community of property which means that there is only one estate and this is owned equally by the spouses. Under an ANC with accrual, what each spouse brings into the marriage remains theirs. There are then two separate estates which increase in value equally after marriage. However, there are certain increases which do not get shared – 1) Distributions from trusts or deceased estates, donations from third parties. 2) Damage awards from slander or defamation type of…
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