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ANCs and Accrual


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My BF and I will be marrying soon, and need to draw up an antenuptial contract as we both have property, and children from previous marriages, that we need to ensure provision for should anything traumatic happen.

 

We'll be resident in his country, at least initially until his kids are out of the house (as mine are) but we'll be marrying in my country, under those laws which are far more progressive with respect to marriage and divorce.

 

The default with an ANC in my country is "with accrual", which basically means that property acquired prior to marrige remains his / mine, while that acquired subsequent to marriage is ours (and shared evenly in the event of a divorce).

 

He has bought his xW out of her share of their former matrimonial home, and we'll be moving in there at some stage - at least in the interim, with a view possibly of selling once the market recovers, and buying a place of our choosing. At which point things could become fuzzy, if we decide to buy (ie, finance) the place together...

 

Does anyone have experience of ANCs and what benefits one way or another might be?

 

What springs to mind initially is:

 

With accrual: sorting out finances could get messy in the event of a breakdown, where contribution has not been "equal" such as buying a house together largely but not exclusively financed with the proceeds of the sale of his house (practical consideration)

 

Without accrual: nothing is "ours", it's all "his" or "mine" which can lead to issues about sharing, togetherness or commitment if separation of assets is foregrounded, rather than blissful union (emotional consideration)

 

but there must be many many more and I'd like us to make the choices with as much information as possible to consider.

 

Thanks!

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