Rule 58 vs Rule 43 in South African Divorce — Interim Maintenance, Parenting & Costs (2025 Guide)

Summary

• Rule 43 (High Court) and Rule 58 (Regional Court) are fast, paper-based procedures to stabilise life during a divorce.
• You can claim interim maintenance (for children and/or a spouse), medical aid & school fees, care/contact schedules, contribution to legal costs, and temporary use/occupation of the home.
• Pick the court you’re already in: High Court → Rule 43; Regional Court → Rule 58.
• If circumstances change, apply to vary the interim order. If your ex defaults, enforce (attachment or contempt, depending on the order and forum).

Suggested next reads: Divorce in South Africa – Complete Guide and Rule 43 – Complete Guide.

Quick Answers

• What’s the difference between Rule 43 and Rule 58? Same purpose (interim relief). Rule 43 runs in the High Court; Rule 58 is the Regional Court equivalent.
• How long does it take? Weeks rather than months (depends on the roll).
• What can I claim? Interim child/spousal maintenance, medical aid, school fees, care & contact, contribution to legal costs, and occupation of the home.
• Can I vary an interim order? Yes — on material change; bring a short variation application in the same court.
• What if they don’t pay? Enforce: salary/bank attachment or contempt (depending on order and forum).

Introduction: Why interim relief matters

Divorce isn’t just an event; it’s a period — and what happens in that period affects children, health cover, housing, and your ability to litigate fairly. That’s why South African procedure gives us streamlined interim remedies: Rule 43 (High Court) and Rule 58 (Regional Court). They keep life stable while you negotiate or litigate the final outcome.

At SD Law, we treat interim relief like triage: quick, precise, proportional — and child-centred.

1) Rule 43 vs Rule 58 — what they are

Both procedures allow the court to make temporary orders pending the divorce:

• Maintenance (children and/or a spouse)
• Medical aid and school fees
• Care & contact (a workable parenting plan)
• Contribution to legal costs (to level the playing field)
• Use and occupation of the common home or items (vehicles, etc.)
• Disclosure (limited) where necessary to craft interim relief

Which one do I use?

• If your divorce is in the High Court, use Rule 43.
• If your divorce is in the Regional Court, use Rule 58.

2) What you can claim (and how to frame it)

Interim relief is about needs vs means and best interests — not final entitlements.

Common heads of relief

1. Child maintenance (break down needs by line-item)
2. Spousal maintenance (shortfall after your own income is considered)
3. Medical aid (who pays premiums and co-pays)
4. Schooling (tuition, transport, books, activities)
5. Care & contact (routine + holidays, hand-overs, communication)
6. Contribution to legal costs (brief budget for upcoming litigation steps)
7. Use/occupation (home or essential assets)
8. Limited disclosure (when data is needed to tailor an interim order)

How to frame the ask

• Keep your affidavit concise (facts → needs → evidence).
• Attach a clear budget and proofs (payslips, bank statements, invoices).
• For children, show routines and stability: who takes them to school, medical appointments, etc.
• For legal costs, specify what the contribution covers (e.g., discovery, experts, trial bundle).

3) The procedure (step-by-step)

A. Prepare your papers

• A founding affidavit (brief and factual, ±10–15 pages max is typical for interim)
• Annexures: income proofs, bank statements (3–6 months), medical aid, school fees, lease/bond, vehicle costs
• A clear, itemised child budget and adult budget
• A draft order with each head of relief listed in numbered paragraphs

B. Serve and set down

• Serve on the other party; the court will issue directions for opposition and set-down.
• Some divisions require case lines uploads and paginate bundles — follow local practice.

C. Hearing & outcome

• Many Rule 43/58 matters are decided on the papers; brief oral submissions may be allowed.
• The interim order is granted, refused, or tailored.

4) Evidence that carries weight (and what to avoid)

Carries weight

• Verified income (payslips, IRP5, signed financial disclosure)
• Bank statements (annotated to show routine expenses)
• Recent school and medical invoices
• Objective schedules (care/contact proposals that accommodate work/school)
• Proof of status quo (who has been paying what; who provides daily care)

Avoid

• Long narrative, blame, or speculation
• Inflated or vague budgets
• Unverifiable claims about the other party’s income or assets
• Using Rule 43/58 to punish — courts smell it a mile away

5) Key differences at-a-glance (High Court vs Regional Court)

Practice tip: Your forum (High vs Regional) is typically decided before interim relief (when issuing summons). Choose the forum that fits complexity, geography, and budgets — and then use the corresponding interim rule.

6) Variation: when life changes mid-divorce

Interim orders are not set in stone. If there’s a material change in circumstances (job loss, major income shift, medical crisis, school changes), bring a short variation application in the same court:

• Update the budgets and annexures.
• Keep your affidavit tight: “what changed” → “impact” → “new proposal.”
• Where possible, offer a time-limited variation (e.g., 3 months post-retrenchment) with a review date.

Useful reading: Rule 43 – Variation (Guide)

7) Enforcement: when orders are ignored

If the other party doesn’t pay or breaches care/contact, act quickly:

• Money orders: request attachment of earnings/bank or a warrant of execution; if defiance is wilful, pursue contempt.
• Care/contact breaches: bring a compliance or contempt application; if persistent and harmful, seek structured hand-overs or a change in interim care/contact.

Useful reading: Enforce Rule 43 — Contempt & Collections and Maintenance.

8) Contribution to legal costs: levelling the field

Courts can order a contribution to legal costs as part of Rule 43/58, so a financially weaker spouse can litigate. Keep it proportionate and tied to specific upcoming steps (e.g., discovery, expert consultation, pre-trial, trial day 1). Show why the contribution is needed, and what it covers.

Useful reading: Contribution to Legal Costs

9) Parenting during divorce: calm, clear, child-centred

Interim care & contact schedules should reflect school, work, and the child’s age/needs:

• Week-on/week-off or 2-2-3 split for older children;
• Primary residence + generous contact for infants/toddlers;
• Holiday split, special days, and communication (video calls) specified;
• Structured hand-overs where tension is high; in serious cases, supervised contact temporarily.

Useful reading:

• Child Care & Contact (Custody)
• Child Contact Pending Divorce

10) Special scenarios: missing or overseas spouse

• Can’t serve the divorce papers? Use substituted service (inside SA) or edictal citation (outside SA).
• Once jurisdiction and service are sorted, you can still seek interim relief to stabilise finances and children’s routines.

Useful reading:

• Substituted Service & Edictal Citation
• International Divorce

11) Case studies

A. Caregiver mother, high-earner father

Mother earns R18k; father earns R65k. Child’s budget is R12k. Interim order: father pays R9k + medical aid + school fees directly; shared transport; mother retains primary care; alternate weekends + mid-week time to father; R15k contribution to legal costs for discovery phase.

B. Equal earners, shared care

Both on R40k. 50/50 care with 2-2-3 rotation; each pays routine costs at their home; school fees split 50/50; medical aid on father’s plan; no spousal maintenance; no contribution (parity of means).

C. Retrenchment mid-divorce

Father retrenched; applies to vary: cash maintenance reduced for 3 months; he continues medical aid + school fees; review set for month 4 with job-search proof.

12) Practical checklists

Applicant pack

• Concise founding affidavit (facts → needs → evidence)
• Child budget & adult budget with proofs
• 3–6 months bank statements, payslips, tax certificates
• Medical aid and school documents
• Draft order (numbered, clear)
• Parenting schedule (term + holidays + hand-overs)

Respondent pack

• Concise opposing affidavit (admit/deny briefly; alternative proposal)
• Counter-budget with proofs
• Realistic care/contact proposal
• Evidence of payments already made (if relevant)

13) Frequently Asked Questions

14) Videos: keep learning

Uncontested vs Contested Divorce (overview)

Understanding Child Custody in South Africa

How to Enforce Maintenance Orders (Contempt explained)

15) We can help

Interim relief is where calm, clarity, and credibility win. We’ll build a tight, proportionate application that protects your children, stabilises finances, and keeps the case moving.

Call 086 099 5146 or email simon@sdlaw.co.za for a confidential consultation.

Further reading:

• Divorce in South Africa – Complete Guide
• Rule 43 – Complete Guide