Written by: Dionne Jackson
Date: 22 July 2025
Interim Relief Court Orders and Rule 43 and Rule 58 Applications in South Africa
It’s no secret that divorce can be a financially draining process that takes years – the underlying issue here is that it can also leave one spouse financially stranded and cash-strapped while the process drags on in the courts. In South Africa, divorce usually takes a couple of years before the divorce is completely finalised, especially when the matter becomes divorce is opposed. During this process, one partner may need financial support from the other partner to pay bills, care for children or even cover their own legal costs.
So, what happens to the spouse who is left destitute and is not in a position to wait until the divorce is over to get support? This is where the aid of Rule 43 (For institution in High Court) and Rule 58 (Magistrate’s Court) comes into play. These legal tools give you access to temporary, urgent support, which is often referred to as ‘interim relief’.
What Is Interim Relief In Divorce?
Interim relief can be thought of as a safety net. It is a temporary court order handed down during court proceedings, before the decree of divorce is granted, to help a spouse (and often their children) survive financially during the divorce proceedings. Interim relief doesn’t decide the whole case; it just keeps the spouse that requiresneeds financial support afloat until the divorce is finalised. Some common examples of interim relief include:
- Spousal maintenance: short-term financial support for a spouse who can’t cover their living expenses.
- Child maintenance: money towards school fees, healthcare, clothing, food, and housing for the kids.
- Legal cost contributions: so that both spouses can afford to be properly represented.
- Contact and care arrangements: temporary rules around where children stay, how often they see each parent and how much each parent contributes financially.
In short, interim relief prevents one spouse from being left destitute or pressured into a bad settlement due to a lack of proper legal representation or financial strain.
What Is The Difference Between Rule 43 And Rule 58 Applications?
Rule 43 applications and Rule 58 applications have the same purpose: they provide urgent, short-term relief until the divorce is over. The court in which the divorce will be handled determines which one of these rules will be used:
- Rule 43: InstitutedUsed in the High Court.
- Rule 58: InstitutedUsed in the Magistrates’ Court.
Applying for interim relief is faster and cheaper than running a full trial, which is why so many people rely on them.
Who Can Apply For Interim Relief?
Not everyone needs interim relief during a divorce, but many do. The law is designed to protect the spouse who would otherwise be at a serious disadvantage. Rule 43/58 applications are usually used by:
- Stay-at-home or financially dependent spouses (wives or husbands) who suddenly lose financial support when the divorce starts.
- Parents with primary care of children who need help covering child-related costs.
- Spouses who can’t afford lawyers, where the court can order the other side to contribute towards legal fees.
Why Is Interim Relief So Important?
Divorces are rarely quick in South Africa, as court backlogs, financial disputes, and child custody battles can drag things out. Here’s why these applications matter during divorce proceedings:
- They prevent financial hardship for the weaker spouse.
- They protect children’s best interests by ensuring immediate support and stability.
- They level the playing field, so both spouses can argue their case fairly.
- They reduce tension, since finances and childcare are temporarily settled.
How Does The Whole Process Work?
Applying for urgent, interim relief is quicker and simpler than one would think:
- Application: The spouse institutes files an interlocutary application, accompanied by an affidavit, a short affidavit explaining what they requireneed (maintenance, childcare, legal fees, etc.).
- Response: The other spouse can reply within about 10 days.
- Court hearing: The judge or magistrate looks at the papers and makes a ruling; there isn’t a long trial that takes place – a Rule 43 or Rule 58 application is usually finalised within weeks, not months.
- Order enforced: The ruling is binding. If ignored, the guilty spouse can face contempt of court consequences.
How Long Does Interim Relief Last?
Interim relief orders apply until the divorce is finalised, or until the court changes the order if circumstances shift (for example, if one spouse gets a new job). It’s not permanent, but it ensures fairness while the final divorce ruling is pending.
How Does Interim Relief Make A Difference?
Let’s take a fictional example to show how interim relief works in practice.
Sophie and Mark had been married for 12 years. Mark was the primary carer for their two children and had stayed at home while Sophie ran the family business. When Mark filed for divorce, he suddenly had no access to money for rent, groceries, school fees, or even legal representation.
We helped Mark file a Rule 43 application in the High Court within a few weeks, and the court ordered Sophie to pay:
- Monthly spousal maintenance to cover Mark’s living expenses.
- Child maintenance for both children, including school fees and medical aid.
- Contributions towards Mark’s legal fees.
This order provided financial security for Mark and the children, and gave Mark the breathing room he needed to participate fully in the divorce process without being forced to accept unfair terms out of desperation.
Stories like Mark’s show why interim relief is not just paperwork; it’s a lifeline.
At Burger Huyser Attorneys, we understand that financial uncertainty during a divorce adds a huge amount of stress to an already difficult situation. Our team prepares strong, evidence-based Rule 43 and Rule 58 applications to secure your immediate needs while protecting your long-term interests. If you’re facing a contested divorce, struggling financially, or are unsure how to navigate maintenance and child support, we will guide you every step of the way.
Don’t wait until it’s too late. Contact Burger Huyser Attorneys today and get the support you and your children need while your divorce is finalised.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358; Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
