Divorce proceedings can drag on for months, even years if the divorce is contested by one of the parties. This extended divorce procedure can become quite costly and might put a financial strain on one of the parties. Rule 43 of the Uniform Court Rules (Rule 58 in Regional Court Divorces) aims to provide interim relief for these individuals pending the finalisation of their divorce. This relief could take the form of financial assistance during the divorce, as it is often the case that one spouse is somewhat dependent on the other for money. If the couple has minor children together, it could also be the case that one of the parties seeks relief in the form of interim care and contact with their children.

What is a Rule 43 Application?

A costly divorce can leave you destitute as you struggle to keep up with legal fees and the cost of living alone, while sometimes having to provide for your children as well. This situation is only aggravated if you are one of the many South Africans that are dependent on their spouse for financial support. In this case, a Rule 43 Application seeks to compel litigants to provide sufficient financial support to cover the other party's legal fees until the divorce is finalised. A Rule 43 order can also grant interim access to a minor child if one party is refusing to allow the other contact with their children. 

The marriage remains in force throughout divorce proceedings and it is the legal responsibility of the more financially sound party to support their spouse and minor children throughout the divorce. A Rule 43 Order can be granted to enforce interim maintenance payments for minor children to help the primary caretaker meet their needs. A spouse may also be in need of maintenance payments in order to pay for things like housing, school fees, medical aid, food and bond payments. A Rule 43 Application is viewed as urgent by the courts and it seeks to provide relief as quickly as possible. 

About the Application

The court will evaluate each case based on its own merit and will take the financial affairs of both parties into account. The applicant will have to submit a notice of motion, which details the relief that is being sought. This will be accompanied by an affidavit that describes the foundations for these claims. The High Court will not grant a Rule 43 application that requests assistance with frivolous expenses and is dedicated to only making provisions for the essential needs of individuals.

Divorce can be a stressful and costly process for all parties involved. It can help a great deal when you have professional legal advice by your side during proceedings as you will always have someone to turn to when you have any questions. Contact Cawood Attorneys to book an appointment with one of our qualified attorneys if you are in need of legal assistance with a Rule 43 Application. Feel free to browse our website for more information on any of the services we offer. 

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