Family Law Services

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Interim Applications - Rule 43


A Rule 43 Application levels the ‘playing field’, but only during the divorce proceedings.

It is there for temporary relief only when,  one of the Spouses (through their Attorney) applies to the Court for either one or more of the following:

Interim Maintenance until the Divorce is over and another Order is in place

• A contribution towards the cost of the pending Divorce

• Interim Primary Residence (Custody) of any Minor Child

• Interim Contact (Access) to any Minor Child

For example it is extremely useful if:

• you have Minor Children and are a Housewife who wants to Divorce your Husband but are financially dependent upon him

• you are a Husband whose wife earns more money than you, has initiated Divorce Proceedings, put you out of the house and refuses you access to your Minor Children

Both of these above two cases will benefit greatly from a Rule 43 Application.

Guaranteeing both Parties the right to equality before the Law, it is non-sexist and completely impartial. However long the Divorce Action takes, the provisions made under the Rule 43 Application continues its relief (depending upon the type of relief) until the Divorce becomes final.

Moderately fast, it brings rapid relief to the Applicants. Rule 43 Applications are everyday Court procedures. However, Martin Vermaak Attorneys’s Specialist Divorce and Family Law Team – should handle the Application. It is not a recommenced DIY activity because - if you get it wrong – once it becomes an Order of Court, there are no second chances to correct or amend it. There is no Appeal – you can only do it once.

Martin Vermaak Attorneys have a Specialist Divorce and Family Law Team of Attorneys who know exactly how to launch a Rule 43 Application. They know the correct documentation that is required and are well practised in the precise launching procedure because it is a part of their regular routine.