Interim divorce relief · High Court

Rule 43 applications: interim maintenance, legal costs, care and contact

A defended divorce can take time. Where a spouse needs specified interim relief before the divorce is finalised, Uniform Rule 43 provides a High Court procedure for particular forms of temporary relief. The correct procedure depends on the court in which the matrimonial action is pending.

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.

Common questions

Rule 43 and interim divorce relief

What is Rule 43 in a South African divorce?

Uniform Rule 43 is a High Court procedure for specified interim relief connected with a matrimonial action, including maintenance pending the action, a contribution toward legal costs, interim care of a child and interim contact with a child.

Can Rule 43 be used after the divorce is final?

Rule 43 is directed at interim relief connected with a pending or about-to-be-instituted matrimonial action. Different procedures apply after final divorce.

What documents matter in an interim-maintenance application?

The application should be concise but properly supported. Income, expenses, child-related costs, financial obligations, the divorce papers and evidence relevant to the interim relief may be important.

Does every divorce court use Rule 43?

No. Rule 43 is part of the Uniform Rules of Court applicable to High Court proceedings. Other courts use their own procedural rules, so the correct route depends on where the divorce is pending.

Pending divorce

Identify the urgent interim issue first.

Send the court, case number, date the divorce was issued or served, the interim relief needed and the next court deadline.

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