Can I exclude my pension benefits from an ANC with accrual?

A client asked me: Can parties exclude from the operation of the accrual, the one party’s entitlement to share in the pension or provident benefits of the other party, and vice versa?

The simple answer is YES. Retirement or provident fund benefits may be excluded in the ANC (whether it’s a spouse’s entitlement to a share or all future retirement funds).

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