Iuri 173 Su 6.2 2
Iuri 173 Su 6.2 2
Iuri 173 Su 6.2 2
2 Variable
Consequences of
MPS: Out of CoP
Prescribed materials
• Chapter 7
• Section 2-10 of the MPA
• Calculation notes on efundi/tutor sessions.
ACCRUAL SYSTEM (MPA) Ch
1
s2 Every marriage …. is subject to the accrual system
… except … if is expressly excluded by ANC.
s3 Accrual system
(1) At… dissolution of a marriage … the spouse whose
estate shows no accrual or a smaller accrual than
the estate of the other spouse, …, acquires a claim
against the other spouse … for an amount equal to
half of the difference between the accrual of the
respective estates of the spouses.
(2) … a claim in terms of subsection (1) arises at the
dissolution … not transferable or liable to
attachment, and does not form part of the
insolvent estate of a spouse.
The accrual
• 4. 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.
• .
ACCRUAL SYSTEM (MPA)
4 (1) (a) accrual = net value (dissolution) exceeds the net
value (commencement).
(b) In determination of the accrual …
(i) any amount … of damages, other than damages for
patrimonial loss, is left out of account;
(ii) an asset … excluded … in ANC (or substitute) is
excluded
(iii) net value (commencement of his marriage) is
calculated with due allowance … value of money…
weighted average of the CPI (GG) … serves as prima facie
proof of any change in the value of money.
ACCRUAL SYSTEM (MPA)
S5(1) An inheritance, a legacy or a donation ….
accrues … during the subsistence of his marriage
(or substitute) … does not form part of the accrual
… except in so far as the spouses may agree
Minus: Excluded assets (as CMinus - ex. Satisfaction/ Minus - ex. Satisfaction/
per legislation) pain/ inheritance pain/ inheritance
Accrual of each estate A–B–C=D A–B–C=E
Minus net worth at time of marriage Minus net worth at time of marriage
R0: 00 R0: 00
Accrual Accrual
? ?