What relief can Rule 43 cover?
Uniform Rule 43 identifies four categories: maintenance pending the matrimonial action, a contribution towards the costs of the matrimonial action, interim care of a child and interim contact with a child. The application is intended to deal with interim needs rather than determine the final divorce outcome.
Which court does this guide refer to?
Rule 43 is part of the Uniform Rules governing High Court proceedings. If the divorce is pending in another court, do not assume the same rule number or procedure applies. The court, case number and current pleadings should be checked before papers are prepared. See the South African divorce process guide for the sequence from summons to final decree.
What information should be prepared?
- the issued divorce summons and current pleadings;
- proof of income and a realistic schedule of monthly expenses;
- documents supporting the children’s ordinary and special costs;
- information about the other spouse’s known financial position;
- the interim care/contact arrangement currently operating;
- documents supporting any contribution to litigation costs sought; and
- any existing maintenance, parenting or protection orders relevant to the relief.
Keep the interim application focused
Rule 43 is designed for a comparatively focused interim process. The papers should identify the actual relief required and the facts supporting it. An interim application should not become a substitute for pleading and proving the entire divorce case.
Interim relief does not decide the final divorce
An interim maintenance or parenting arrangement may operate while the main action continues. Final maintenance, property and parenting relief still have to be dealt with through settlement or determination in the divorce proceedings. Our divorce attorneys can help assess the interim application alongside the main divorce.
For the main defended process, see our contested divorce attorneys page. For maintenance outside this particular High Court procedure, see maintenance matters.