RULE 43 APPLICATION LAWYERS IN SOUTH AFRICA
Your Preferred Legal Partner In Rule 43 Applications & Interim Maintenance Matters In South Africa
WHAT DOES A RULE 43 APPLICATION ENTAIL IN SOUTH AFRICA?
Rule 43 of the High Court and Rule 58 of the Magistrate’s Court provides interim maintenance or relief for an applicant pending a divorce. The rule is in place to assist when one of the spouses is a homemaker with no income and the divorce takes a long time to finalise.
A Rule 43 Application seek interim relief for an applicant concerning the following:
Maintenance for the spouse and children;
Certain payments, such as school fees, medical aids, bond payments towards the matrimonial home;
Interim contribution towards legal fees;
Interim custody of a minor child.
WHO & WHEN CAN APPLICANTS APPLY FOR RULE 43 APPLICATIONS IN SOUTH AFRICA?
Rule 43 and Rule 58 effectively deal with many issues on an interim level that will only be finalised when the contested divorce goes to trial or reach a divorce settlement. Some divorces can take years to finish, and parties/spouses need to be protected and looked after during the ongoing divorce process. Applicants are entitled to interim maintenance depending on their living standards. In Rule 43 and Rule 58 applications, applicants must prove that they have insufficient means and that the respondent can afford to meet the amounts being sought.
Applications can be filed before issuing a summons, together with the issuing of a summons and or after a notice to defend a summons is received.
WHAT PROCESS IS THE RULE 43 APPLICATION TO FOLLOW?
Parties seeking interim maintenance must file a notice of motion and a founding affidavit with the Court setting out why the party/spouse believes they’re entitled to interim relief from the respondent.
Applicants are required to include the following documents when lodging an application for interim maintenance to the Court:
Notice in terms of Rule 43/58, requesting the respondent to file an opposing affidavit within ten days;
An affidavit accompanying the Rule 43/58 notice; and
Annexures proving income, expenses, assets, etc.
INSIST ON DEALING WITH SPECIALIST RULE 43 INTERIM MAINTENANCE ATTORNEYS
PM Attorneys are one of Pretoria’s leading maintenance law firms, practising from our offices in Centurion. Our specialist, Family Law firm, has successfully been operating since 2008, delivering clients across South Africa with the best legal solutions based on experience and knowledge of South African Family Laws and their successful interpretation. PM Attorneys’ experts employ a formidable litigation team with extensive experience in dealing with all family related disputes, divorces, separations and matrimonial matters. PM Attorneys specialists have the know-how and provide expert legal assistance to successfully conclude the interim maintenance process and finalise other divorce-related issues/matters. Be sure to trust PM Attorneys’ professionals with your interim maintenance.
PM Attorneys boast extensive experience, knowledge and years in practice, making us the preferred legal partner in South African Law. Contact us for professional, expert advice and practical legal solutions to your maintenance matters.
