The accrual system
In terms of equity and fairness especially where there is an asymmetrical relationship between spouses the accrual system is, perhaps, the fairest marriage system for the majority of couples. How does it work?
It is only when a marriage ends in death of one of the spouses or in divorce, do each spouse acquire a certain right to the other's property. And not before. Each spouse is free to deal with his or her asset in anyway she or she wants!
The 'accrual' is the extent to which the husband and wife have become richer by the end of the marriage. In other words, this means the amount by which the spouses' joint wealth has increased over the period of the marriage. The spouse with the smaller accrual has a claim against the one with the greater accrual for half of the difference between the two amounts.
The effect of this system is that each partner retains as his or her exclusive property, for all time, anything that he or she owned at the time they became married. But anything that either spouse obtains during the marriage may have to be shared with the other partner when the marriage comes to an end. It is important to note that an inheritance, a legacy, a donation or compensation for injury received during the marriage will not, however, have to be shared on dissolution of the marriage as an accrual unless agreed to by the spouses in their ante-nuptial contract, or unless stipulated by the testator or donor
Coutesy of Saber Ahmed Jazbhay and www.law24.com
