Where a divorce is contested and is taking a long time to conclude, one or other spouse may apply to the court for a Rule 43 interim maintenance order. Rule 43 maintenance is designed to ensure interim arrangements for a number of issues, not only financial. It can provide:
- Interim maintenance for the minor children and in some cases one of the spouses (e.g. if one is financially dependent on the other) until the divorce is finalised
- A contribution towards legal costs
- Interim care and contact with the child/children
- Interim custody of the child/children
Because of the interim nature of a Rule 43 order, such an order may not be appealed. However, a party can approach the court to vary the order. To be successful with the variation of the order, the party in receipt of interim maintenance must prove a change in “material circumstances”, which justifies the variation or reduction.
Simon Dippenaar
https://www.sdlaw.co.zaCape Town attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.
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