What is a Rule 43 Application?

An uncontested divorce can be finalized in as little as 3 – 7 weeks from date of singing a divorce settlement agreement. The contested divorce process takes much longer. What happens when the spouse who usually supports the family financially, decides to stop when the divorce process starts? Who will pay for the children’s expenses in the meantime? What can a spouse do if he/she is left without funds because of this? The Rule 43 Application has the answer.

What is a Rule 43 Application?

A Rule 43 Application is a special High Court application for interim maintenance pending contested divorce litigation.

Rule 43 Application – The Process:

The process is usually quite straight-forward and fast – a month or two. The divorce attorney will draft a Notice of Motion* and Affidavit. The affidavit will contain more information about the case and explain why an order for interim maintenance is required.

After the issuing and service (delivery) of the application (on the Defendant’s attorneys), the High Court will allocate a court date for the Rule 43 hearing. An Advocate will usually be briefed to argue the Rule 43 Application on behalf of the client.

*A Notice of Motion is a formal document to notify the other party/parties of your intention to ask for specific relief.

What is a Rule 58 Application?

The Rule 58 Application is similar to the Rule 43 Application above, but applies to cases heard in the Regional Court

More Questions About Divorce?

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Divorce Attorney Ilizna Esterhuyse - Rule 43 ApplicationIlizna Esterhuyse, founder of iedivorce and author of What You Should Know Before Filing for Divorce is an admitted attorney of the High Court of South Africa, specializing in Divorce and Family Law matters. Her fields of interest include Divorce Law, Family Law, Domestic Violence Law and International Divorce Law. Her vision is to demystify Family Law processes, helping good people in plain language and with great technology, to achieve remarkable results.