A contested divorce can take a long time to finalise, but bills, school fees and the children’s routines cannot wait. Rule 43 of the Uniform Rules of Court gives spouses a quick and relatively inexpensive way to ask the High Court for interim relief while the divorce runs its course.
Either spouse can apply, whether they are the plaintiff or the defendant in the divorce. The application is most often brought by a spouse who has less access to the family’s income or assets, or where the parents cannot agree on interim arrangements for the children.
Rule 43 applies to divorces in the High Court. If your divorce is in the Regional Court, a similar procedure is available under Rule 58 of the Magistrates’ Courts Rules.
Rule 43 is meant to be a summary procedure. Courts expect short, focused papers. Long, argumentative affidavits about the history of the marriage can lead to adverse costs orders.
We prepare and oppose Rule 43 and Rule 58 applications, including matters involving business owners, trusts and disputed income, and help clients negotiate interim arrangements without going to court.
Read more: Rule 43 applications explained · Getting divorced in South Africa · Contested and uncontested divorces
This page is general information and not legal advice. Practice directives differ between divisions of the High Court.
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