C&A Friedlander Attorneys

Is your divorce taking a long time to finalise? Do you have no form of income? Fortunately, in these circumstances the law provides the Rule 43 application as a simplified, streamlined, and inexpensive procedure to obtain interim relief as provided by common law in matrimonial litigation. Rule 43 of the High Court and Rule 58 of the Magistrate’s Court provide an interim measure to help an applicant quickly and with minimal legal costs.

The procedure, together with the stipulated time limits, has been designed to enable the Court to deal expeditiously with these interlocutory applications. This means that the Court may make findings, although they may not be binding on the trial Court, on incomplete or untested facts, or inferences drawn from them. 

An important judgment to consider in order to understand the necessity for Rule 43 interim relief is found in E v E and others [2019] JOL 44933 (GJ) where it stipulates that, 

“Rule 43 provides an interim remedy to assist an Applicant to obtain relief speedily and expeditiously in respect of;

  1. interim care;
  2. residency and contact with the children; 
  3. maintenance for a spouse and/or children; 
  4. enforcement of specified necessary payments; and 
  5. contribution towards legal costs of the divorce action.

The procedure envisaged in Rule 43 is not that of a normal application commenced by way of notice of motion. It is a succinct application, aimed at providing the applicant interim relief, speedily and expeditiously.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).