
Contested divorce proceedings are not only an emotional time but can also take years to be finalised. This is because contested divorces involve a lot of negotiation and back–and–forth between the two parties involved.
In many cases divorces may leave the non–breadwinner party without any income, which can then make it difficult to meet their own or their minor children‘s financial needs. The law provides financial assistance to spouses in these instances until the divorce is finalised.
What Is A Rule 43 Application?
According to Rule 43 of the Uniform Court Rules and Rule 58 of the Magistrate Court Rules, litigants in divorce proceedings can apply to the court for an order granting interim relief while the divorce is being finalised.
The Rule 43 Application can be used to obtain an order from the relevant Court pending contested divorce litigation. It provides for the following:
- Interim maintenance for the minor children and/or one of the parties.
- One of the parties to the divorce can get help with legal costs from the other party.
The Court will not make an Order for luxuries, but will only make an Order for what is essential, taking into account the financial circumstances of both parties.
Who Can Apply For A Rule 43 Application?
An applicant may be granted interim relief depending on the living standards of all parties involved and affected by the proceedings. To be eligible for this, the applicant must show that they do not have enough money themselves and that the respondent has the means to cover the amount being requested.
The applicant is not entitled to have all of their costs paid for, but are only entitled to a contribution towards them. This contribution is typically a percentage of the total costs incurred. The wealth of the respondent should not be considered when determining how much money the applicant is entitled to spend. Just because the respondent is wealthy does not mean that the applicant should be able to spend an unlimited amount of money. There is a difference between what the applicant wants and what the applicant needs, and the needs of the applicant should be the only factor considered when determining how much money the applicant is entitled to spend.
Application Procedure
The party seeking an interim Order will complete an affidavit which will then be lodged at Court and served on the other party. The other party must then respond to the Application by way of affidavit, if they wish to contest the matter. Only two affidavits are required to argue the matter in Court.
It‘s important to remember that if there‘s already a maintenance order from the maintenance court, somebody involved in the case can‘t go to court under Rule 43 trying to get that order changed.