Read our Complete Guide to Rule 43.
Rule 58 mirrors Rule 43 in the lower courts and covers interim maintenance while the divorce case is underway, a contribution to costs, and interim care/contact for children. Rule 58 should be used when the action is being handled in the Magistrate’s or Regional Court.
The key differences between the two levels of court are convenience, speed, cost and the complexity of assets and experts needed – cases with low complexity do not need the resources of the High Court.
Note: If your High Court divorce already has a Rule 43 order, don’t try to vary it in the Maintenance Court — use 43(6).
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