Rule 43 Applications: What You Need to Know
If you are going through a divorce in South Africa, you may have heard of Rule 43 applications. But what are they and why are they important?
A Rule 43 application is a way of asking the court for interim relief while the divorce proceedings are ongoing. This means that you can request the court to order your spouse to pay you maintenance, contribute to your legal costs, or grant you custody or access to your children until the divorce is finalized.
The purpose of Rule 43 applications is to prevent undue hardship and injustice for either party or the children during the divorce process. For example, if your spouse is the breadwinner and stops supporting you financially after the Divorce procedure has been started, you can apply for Rule 43 relief to ensure that you can afford your basic living expenses and legal fees.
The function of Rule 43 applications is to provide a quick and simple way of obtaining interim relief without having to go through a full trial. The application is made on paper, which means that you do not have to appear in court or testify. The court will decide the application based on the affidavits and supporting documents submitted by both parties.
The importance of Rule 43 applications is that they can help you secure your rights and interests during the divorce process. They can also help you avoid unnecessary conflict and litigation with your spouse over interim issues. However, Rule 43 applications are not suitable for every case and they have some limitations. For example, they cannot deal with complex or disputed matters that require oral evidence or cross-examination.
Therefore, if you are considering applying for Rule 43 relief, you should consult an experienced family law attorney who can advise you on the merits and risks of your case and assist you with the application process.
