WHAT IS THE RULE 43 APPLICATION PROCEDURE IN SOUTH AFRICA?

A litigant in divorce proceedings can approach the court to grant a Rule 43 order in respect of interim maintenance for minor children as well as financial aid to assist the spouse to alleviate financial needs. It can also make provision for interim care and contact with the minor children or assist the spouse who has no alternative income, with a means to contribute to her legal costs. The spouse can thus approach the court in respect of any of the following matters: Maintenance to be granted whilst the divorce proceedings are pending; 1.a contribution towards the legal costs of a pending matrimonial action; 2.interim custody of any child; 3.interim access to any child. An application in terms of rule 43 consists of a notice of motion, setting out the relief prayed for by the applicant. Annexed to the Notice of Motion, must be the applicants’ founding affidavit setting out the relief claimed for and the grounds therefor, together with a notice to the respondent. Within 10 days of receipt of the application, the respondent shall deliver his reply. Thereafter, the matter will be set down for argument, provided that both parties have received notice thereof, 10 days prior to the notice of set-down. It is imperative to note that when there is an existing maintenance order made by the maintenance court, a party cannot approach the court in terms of Rule 43 with the purpose of overruling the maintenance order.