Rule 43 Applications

Interim maintenance, a contribution towards legal costs and arrangements for your children while your divorce is pending.

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.

What you can ask for

  • Interim spousal maintenance: support for you while the divorce is pending (maintenance pendente lite).
  • Interim child maintenance: school fees, medical aid, housing and day-to-day costs for the children.
  • A contribution towards legal costs: so that both spouses can litigate on an equal footing.
  • Interim care of the children: where the children will live until the divorce is finalised.
  • Interim contact: a structured contact schedule for the other parent.

Who can apply?

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 or Rule 58?

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.

How the process works

Five steps from application to interim order.

  1. Divorce summons issued
    Rule 43 is only available once divorce proceedings are pending. The application can be served with the summons or at any time afterwards.
  2. Sworn statement
    The applicant delivers a concise sworn statement setting out what is claimed and why, with a notice to the other spouse. Many courts also require a detailed financial disclosure form with supporting documents.
  3. Sworn reply
    The respondent has 10 days after receiving the application to deliver a sworn reply. If no reply is delivered, the matter can proceed on an unopposed basis.
  4. Hearing
    A judge decides the matter, usually on the papers with short argument. Oral evidence is rare.
  5. Interim order
    The order applies until the divorce is finalised, unless it is varied in the meantime under Rule 43(6).

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.

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What to prepare

Strong applications are built on documents.

  • Your last three to six months of bank and credit card statements.
  • Payslips, IRP5s or business financials showing income.
  • A realistic monthly budget for you and the children, with proof of key expenses.
  • School fee accounts, medical aid statements and housing costs.
  • Evidence of the family's standard of living during the marriage.
  • Your attorney's estimate of legal costs up to trial, if you are claiming a contribution.

Common Questions

It is designed to be quicker than ordinary court proceedings, but timing depends on the court’s roll in your division and whether the application is opposed. In many matters, it is heard within a few weeks to a few months of being issued.
The court weighs the reasonable needs of the applicant and the children, measured against the standard of living during the marriage, against the other spouse’s ability to pay. Budgets must be realistic and supported by documents. Both spouses are expected to make full and frank financial disclosure.
Yes. A spouse who cannot afford to litigate on equal terms can ask for a contribution towards legal costs. The amount is usually based on a realistic estimate of costs up to a particular stage, often the first day of trial.
Rule 43 orders cannot be appealed. Section 16(3) of the Superior Courts Act excludes appeals, and the Constitutional Court upheld this in S v S (2019). Either spouse can, however, apply under Rule 43(6) to vary the order if there is a material change in circumstances or the costs contribution proves inadequate.
No. It is an interim arrangement only. The final division of assets, maintenance and arrangements for the children are decided in the divorce itself, by settlement or at trial.
Rule 43 is not available until a divorce summons has been issued. Before then, other routes may help, such as a maintenance application in the Maintenance Court. In the Regional Court, a similar procedure is available under Magistrates’ Courts Rule 58.

NEED HELP WITH A RULE 43 APPLICATION?

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

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This page is general information and not legal advice. Practice directives differ between divisions of the High Court.

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