Truststed Matromonial Property Lawyers | Cape Town

Matrimonial Property Lawyers in Cape

Protecting Your Assets Through Divorce

Slabber Levendal & Associates

Matromonial Property

One of the most complex aspects of any divorce is the division of assets. What you own, what you owe, and how it gets split can have lifelong financial consequences. At Slabber Levendal & Associates (SLA Inc.), our matrimonial property lawyers in Cape Town help clients understand their marital regime, value their assets, and negotiate fair settlements that protect their financial future.

We advise clients across the Western Cape from our Wynberg offices, providing clear, practical guidance through every stage of the asset division process.

Regimes

Understanding Marital Property Regimes in South Africa

South African law recognises three main marital property regimes. The one that applies to your marriage determines how assets and debts are divided upon divorce.

Regime	How It Works	Who It Suits
In Community of Property	All assets and debts are pooled into a joint estate. Upon divorce, everything is split 50/50.	Couples who haven’t signed an antenuptial contract. Default regime.
Out of Community Without Accrual	Each spouse keeps their own assets and debts. Nothing is shared. Requires antenuptial contract.	High-net-worth individuals, business owners, second marriages.
Out of Community With Accrual	Pre-marriage assets stay separate. Assets acquired during the marriage are subject to accrual sharing upon divorce.	Most common choice for new marriages today. Fair balance between independence and sharing.

Areas of Expertise

Our Matrimonial Property Services

South African law recognises three main marital property regimes. The one that applies to your marriage determines how assets and debts are divided upon divorce.

Asset Valuation

Assessing the value of property, investments, pensions, vehicles, and business interests for division purposes.

Accrual Calculations

Preparing accurate accrual statements to determine what is owed from the joint estate.

Settlement Agreement Drafting

Drafting consent papers that clearly set out the division of assets, preventing future disputes.

Pension Fund Division

Applying for the division of pension and retirement fund interests as part of the divorce settlement.

Business and Commercial Asset Division

Valuing and dividing business interests, partnerships, and commercial property without disrupting operations.

Debt Allocation

Ensuring debts are allocated fairly — including mortgages, loans, and credit accounts.

How it works

How the Accrual System Works

The accrual system is the most common regime chosen by South African couples today. Here’s a simplified example:

At marriage: Spouse A has assets worth R500,000. Spouse B has assets worth R200,000. These are recorded in sworn statements.
At divorce: Spouse A has assets worth R1,500,000. Spouse B has assets worth R800,000.
Accrual calculation: Spouse A's accrual = R1,000,000. Spouse B's accrual = R600,000.
Sharing: The difference (R400,000) is divided — Spouse B is entitled to R200,000 from Spouse A's estate.

Our attorneys ensure accrual calculations are accurate and fair, with no hidden assets or miscalculations.

Assets

Assets We Deal With in Divorce Settlements

Residential and investment property
Pension funds, retirement annuities, and preservation funds
Investment portfolios and shares
Business interests and partnerships
Vehicles, boats, and luxury assets
Life insurance policies with surrender value
Cryptocurrency and digital assets
Debts — mortgages, personal loans, credit cards

Why us?

Why Choose SLA Inc. for Matrimonial Property Matters?

Deep understanding of the Divorce Act, Matrimonial Property Act, and Pension Funds Act
Practical, commercial approach — we focus on fair financial outcomes, not legal abstractions
Experienced with complex asset structures, including business interests and offshore holdings
Collaborative approach with divorce and maintenance attorneys for comprehensive support
Transparent fee structure with no hidden costs

FAQ

Frequently Asked Questions About Matrimonial Property in Cape Town

What happens if we were married without an antenuptial contract?

You are automatically married in community of property. All assets and debts are shared equally. This applies even if you didn’t sign anything.

Can I change my marital property regime after marriage?

Yes, but it requires a court application under Section 21 of the Matrimonial Property Act. This is a formal legal process, and we can assist with it.

What assets are excluded from accrual?

Inheritances, donations from third parties, and assets specifically excluded by the antenuptial contract are not included in the accrual calculation.

How is a pension fund divided in divorce?

A pension interest is considered an asset in the estate. The court can order the pension fund to pay a portion of the member’s benefit to the non-member spouse, either as a lump sum or as a monthly pension.

What if my spouse hides assets?

Deliberately concealing assets during divorce proceedings is fraud. Our attorneys know how to identify red flags and can apply for discovery orders and forensic investigations to uncover hidden assets.

What We Offer

Related Family Law Services

Matrimonial property issues are closely connected to divorce and child maintenance. We handle all of these together, ensuring your financial and family interests are fully protected.

For a detailed overview, read our blog post: Matrimonial Property Regimes in South Africa — Accrual, ANC & Asset Division 2026.

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