key to the study guide - Name

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spouse whose estate shows no or the smallest accrual (growth) at the
dissolution of the marriage, may legally share in the accrual (growth) of
the other spouse's estate.
Take the following set of facts: H and W are married out of community of
property. The accrual system is applicable to the parties' marriage. W has
been a housewife for the greatest part of their married life Ð she had no
income. H, a very affluent lawyer, is now sueing W for a divorce. Because
W was not economically active during the marriage, her estate has not
grown much since the commencement of the marriage. H was economically
active, and his estate grew enormously since the commencement of the
marriage. The fact that H and W's marriage is subject to the accrual
system, now means that W has an accrual claim against H for half the
difference between the accrual in their respective estates at the termination
of their marriage.
LEARNING OUTCOMES
After studying this study unit you should be able to
(1) explain why the legislature has accepted the accrual system
(2) explain when the accrual system applies
(3) explain what the accrual system entails
(4) calculate the accrual of the spouses' estates and to determine the value
of the accrual claim of the spouse with the smaller accrual against the
spouse with the larger accrual
(5) explain how one spouse's right to share in the accrual of the other
spouse's estate is protected by the Matrimonial Property Act
(6) set out the arrangements which can be made for satisfaction of an
accrual claim
PRESCRIBED MATTER
Read
. Prescribed textbook 99±100 ``(a) Renouncing the accrual claim''
and 105±106 ``7.5 The advantages and disadvantages of the main
matrimonial property systems''
Study
. Prescribed textbook 97±105 up to just before ``7.5 The advantages
and disadvantages of the main matrimonial property systems'',
but excluding ``(a) Renouncing the accrual claim'' on 99±100