A Rule 43 Application is an inherently urgent High Court Application brought by one of the spouses for interim relief during contested divorce proceedings where it appears that the divorce may not be finalised soon or the other spouse has ceased to comply with his/her obligations. A similar Rule 58 Application is used in divorce matters issued out of the relevant Regional Court.
A Rule 43 Application can be used to obtain an order for the following, amongst others:
- Interim maintenance for the Applicant (wife/husband) and/or a minor child;
- Interim care and contact with a minor child;
- Interim contribution towards legal costs;
- Enforcing certain payments, such as payments towards the bond on the matrimonial home, medical aid premiums and school fees;
Once the court has granted the order, it will regulate the terms between the parties until the divorce is finalised. The Rule 43 Application provides a quick and simple solution for the Applicant under financial strain during divorce proceedings.