A contested divorce can take a long time to finalise. In the meantime, bills still need to be paid, children need stability, and one spouse may control most of the family’s money. Rule 43 of the Uniform Rules of Court provides a quick and relatively inexpensive procedure to obtain interim relief while the divorce is pending.
What can be claimed under Rule 43?
A spouse may apply for interim orders on one or more of the following:
- maintenance pending the divorce (maintenance pendente lite) for the applicant spouse;
- maintenance for the children;
- a contribution towards legal costs of the divorce;
- interim care of a child; and
- interim contact with a child.
The orders last until the divorce is finalised or until they are varied. They do not decide the final outcome of the divorce.
Rule 43 applies in the High Court. A similar procedure is available in the Regional Court (which also hears divorces) under Magistrates’ Courts Rule 58.
When can you apply?
A Rule 43 application can only be brought once divorce proceedings are pending, that is, once a summons has been issued, or at the same time as it is issued. If divorce proceedings have not been started, other remedies may be available, such as a maintenance claim in the Maintenance Court or an application to the Children’s Court or High Court regarding children.
The procedure
Rule 43 is designed to be quick and simple:
- The applicant delivers a sworn statement, in the nature of a declaration, setting out the relief claimed and the grounds for it, together with a notice to the respondent.
- The respondent delivers a sworn reply within the time allowed.
- The matter is heard by a judge, usually on the papers and with short argument.
Because the procedure is meant to be summary, the papers should be concise. Courts have criticised lengthy, argumentative Rule 43 papers, and may make adverse costs orders where they are filed. In several divisions, practice directives also require each party to complete a detailed financial disclosure form, supported by documents such as bank statements and payslips.
How the court decides maintenance
The court considers:
- the reasonable needs of the applicant and the children, based on the standard of living during the marriage; and
- the respondent’s ability to pay.
The applicant’s list of expenses must be realistic and supported by evidence. Inflated or unsubstantiated budgets damage credibility. Similarly, a respondent who understates income, or whose lifestyle does not match the income disclosed, will find the court drawing adverse inferences. Full and frank financial disclosure is expected of both parties.
Contribution towards legal costs
A spouse who cannot afford to litigate on equal terms may claim a contribution towards their legal costs. The principle, recognised since Van Rippen v Van Rippen 1949 (4) SA 634 (C), is that both spouses should be able to present their case adequately. In Cary v Cary 1999 (3) SA 615 (C), the court linked this to the constitutional right to equality, emphasising “equality of arms” in divorce litigation.
The contribution is usually based on a realistic estimate of the costs up to a particular stage of the proceedings, such as up to the first day of trial. The court considers the complexity of the issues, the parties’ means and the scale of the litigation.
Interim care and contact
Where the parents cannot agree on interim arrangements for the children, the court can make orders on care and contact. The guiding principle is the best interests of the child. Courts often favour arrangements that maintain stability, continuity of schooling and a meaningful relationship with both parents. The Family Advocate may be asked to investigate and report, and the court may require expert input in contested matters.
Can a Rule 43 order be appealed or changed?
Rule 43 orders are generally not appealable. Section 16(3) of the Superior Courts Act 10 of 2013 excludes appeals against them. In S v S and Another 2019 (6) SA 1 (CC), the Constitutional Court upheld this limitation, recognising that interim orders must be dealt with speedily. The Court emphasised that Rule 43(6) should be interpreted generously so that courts can reconsider orders where it is in the interests of justice.
Under Rule 43(6), a party may apply to vary the order if there is a material change in circumstances (for example, a loss of income or a change in the children’s needs), or if the contribution towards costs proves inadequate.
Practical tips for a strong application
For applicants:
- Prepare a detailed, realistic monthly budget and support it with documents.
- Show the family’s historical standard of living, using bank and credit card statements.
- Keep the affidavit focused. Stick to facts relevant to need and means, not the history of the relationship.
- Claim a properly motivated contribution towards costs, with an estimate of costs prepared by your attorney.
For respondents:
- Make full financial disclosure. Hiding income or assets usually backfires.
- Challenge unrealistic expenses with evidence, not general denials.
- Propose a reasonable alternative. Courts respond well to a party who engages constructively.
How O’Reilly Law can help
We prepare and oppose Rule 43 and Rule 58 applications, including complex matters involving business owners, trusts and disputed income. We also help clients negotiate interim arrangements without going to court. Contact us to discuss your matter.
Related reading: Getting divorced in South Africa · Care and contact under the Children’s Act
This article is general information and not legal advice. Practice directives differ between divisions of the High Court. Correct as at October 2026.