Rule 43 of the High Court and Rule 58 of the Magistrate’s Court provide interim measures to help an applicant quickly and with minimal legal costs.
This maintenance is called interim relief and may be applied for by the spouse needing maintenance for themselves or any children born during the marriage. This rule applies only to couples when a divorce action has been brought, and one spouse requires interim maintenance and/or a contribution towards legal costs.
Since the marriage has not yet come to an end, the legal duty of support remains in place during the divorce proceedings.
The interim maintenance covers the time period during the divorce process and may be applied to cover the costs of finalising the divorce in the form of a contribution towards costs. The spouse requesting interim maintenance should be placed in a position to litigate fairly with the higher earning spouse.
A Rule 43/58 application can be used for one or more of the following:
- Interim care or contact with the child;
- Maintenance for the applicant and/or the child;
- Enforcing certain payments (for example the bond for the matrimonial home, vehicles, school fees, medical aid premiums and even deposits on new accommodation and relocation costs);
- Interim contributions towards legal costs of the divorce; and
- An order for delivery of a car, furniture, etc.
The following factors are taken into account in the determination of maintenance:
- Existing or prospective means of each of the parties;
- Their respective earning capacities;
- Financial needs and obligations;
- The age of each of the parties;
- The duration of the marriage;
- The standard of living of the parties prior to the action being instituted;
- Any other factor which in the opinion of the court should be taken into account.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)