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.