WHEREAS the [insert Plaintiff or Defendant] intends instituting divorce proceedings against the [insert Plaintiff or Defendant] in the above Honourable Court for a Decree of Divorce;
AND WHEREAS the parties agree that the marriage relationship between the parties has irretrievably broken down and that there is no prospect of a normal marriage relationship between the parties;
AND WHEREAS it is possible that the above Honourable Court will grant a Decree of Divorce;
How to calculate accrual
When the accrual system applies to a marriage, a calculation of the accrual benefit is made at the dissolution of the marriage either by death or divorce. The estate of the spouse which has shown:
- no accrual; or
- an accrual smaller than the estate of the other spouse;
- acquires a claim against that spouse or his estate, for an amount equal to half of the difference, between the accrual of the estates of each spouse.
This method of calculation is prescribed in section 3(1) of the Matrimonial Property Act 88 of 1984 (MPA).