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u Should one spouse incur debts in his own name, he will automatically
bind his spouse, who will also become liable for the debt;
u If a sequestration takes place (in the case of insolvency), the joint estate
is sequestrated.
n Marriage out of community of property
u An antenuptial contract (ANC) is drawn up by an attorney (who is
registered as a notary) before marriage;
u Where there is no contract, the marriage is automatically in community
of property;
u The values of each spouse’s estate going into the marriage are stipulated
in the contract;
u A marriage by ANC means that all property owned by spouses before the
date of marriage will remain the sole property of each spouse;
u Each spouse controls his /her own estate exclusively without interference
from the other spouse, although each has a duty to contribute to the
household expenses according to his /her means;
u To allow for assets acquired by spouses during the marriage to remain
the sole property of each spouse, the accrual system must be specifically
excluded in the ANC.
n ANC with accrual
u The accrual system automatically applies unless expressly excluded in the
antenuptial contract;
u The accrual system addresses the question of the growth of each
spouse’s estate after the date of marriage;
u The spouse whose estate shows the smallest financial growth will have
a claim against the estate of the other spouse, at dissolution (death or
divorce);
u The estate with the smallest growth will have a claim of 50% of the
difference between the growth in the respective estates, with reference to
the consumer price index to take into account inflation;
u Not all assets are included in the accrual calculation, such as
inheritances, donations or legacies received by one spouse during
the course of the marriage, donations between spouses, any assets
specifically excluded in the contract, and any cash paid to the spouse
in regard to a claim for defamation (as this claim would have been of a
personal nature).

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