
WHAT IS A RULE 43 APPLICATION?
Rule 43 of the Uniform Court Rules as well as Rule 58 of the Magistrate Court Rules provides litigants in divorce proceedings with the opportunity to approach the court for an order granting interim relief pending the finalisation of a divorce. Due to congested court rolls as well as the complexity of divorce matters, contested divorces can take up to years to be finalized, generally leaving one of the parties scrambling to make ends meet.
It is also possible that one of the spouses who is a homemaker, without an alternative income, are left to meet their minor children’s needs without the means to do so. In these instances, the law makes provision to financially assist spouses until the finalisation of the divorce.
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