A Rule 43 is frequently misunderstood and thought to be a permanent Court Order; however, the word Interim should give you a clue. Our Specialist Divorce Lawyers explain it as below:
In short, a Rule 43 is a Temporary Court Order which is put in place only for the duration of the divorce proceedings. It actually falls away when another Court Order replaces it – which is what happens at the end of the divorce.
Its purpose is to give one of the Spouses temporary financial – and other - assistance throughout the divorce. It is applied for at Court by that particular Spouse’s Lawyer who asks for any - or all - of the following:
Interim Primary Residence – Custody – of any Minor Child
A financial contribution towards the cost of the approaching Divorce
Interim Contact – Access – to any Minor Child
Interim Maintenance for the Minor Children
Some of the reasons you would need to apply for this are, for example, if:
You are a housewife, with Minor Children, who wants to divorce your husband but you are financially dependent on him
You are a husband with a wife who has started divorce proceedings against you; she earns more than you; has made you leave the house, and will not
let you see your Minor Children
The above situations would both benefit from a Rule 43 Application by alleviating some of the harshness of each circumstance.
The main focus of a Rule 43 and its reason for existence is a robust Application to guarantee both Spouses the right to legal equality so that not one will be viewed with more importance or as having more rights than the other one. Remember though; this relief is only until the divorce is finalised.
Despite this assistance being temporary, it can be accomplished quite quickly so as to bring rapid benefits to those to whom it is granted. Such an Interim Application is an everyday Court process which our Divorce Lawyers frequently obtain in the course of their Clients’ Divorce matters.
Because our Specialist Divorce Lawyers are well experienced and knowledgeable in the practice of Divorce and Family Law, they launch a Rule 43 Application as a matter of course as and when the need arises. They are fully conversant with the drafting of all the correct legal documentation that is required to launch such a process.
However, if the Application fails there is no Appeal as this can only be done once. Therefore this is not something a person should attempt privately.