An antenuptial contract with accrual is the middle ground between marriage in community of property and full separation of estates. It gives each spouse control of their own estate during the marriage, while sharing in the growth of both estates at the end.
How accrual works
Each spouse declares a commencement value in the antenuptial contract. At the end of the marriage, by divorce or death, the growth of each estate is calculated. The spouse whose estate has grown less has a claim against the spouse whose estate has grown more, for half the difference.
What is excluded
Inheritances, donations and non-patrimonial damages are excluded from the accrual by default. You can also exclude specific assets by naming them in the contract.
Registering the contract
The contract must be signed before a notary before the marriage and lodged for registration with the Deeds Office within three months. If you are already married, you cannot enter an antenuptial contract without a court order.
Getting it right
The clauses in an antenuptial contract have consequences you will live with for decades. Have the contract drafted by an attorney who takes the time to understand your position and explain the choices.