What does a Rule 43 mean?
What does a Rule 43 mean?
Rule 43 Interim Relief. Maintenance claims pending divorce. When a divorce is taking a long time to finalise or when one of the spouses is a homemaker with no income, the law provides a mechanism that can be used to assist spouses during a divorce to provide for the interim period until the divorce is finalised.
How long does a Rule 43 take?
Rule 43 is being used far more often than Rule 58, because in the High Court it can take up to three years to get a trial date for a defended divorce, whereas, in the Regional Court, a defended divorce can be finalised within a few months.
What is a Rule 43 order?
Rule 43 of the High Court rules offers a mechanism for a spouse in divorce proceedings to approach the court for an interim order granting them child and/or spousal maintenance pending finalization of the divorce. It has always been a well-established fact that these orders cannot be appealed.
What is a interim maintenance?
Definition: Interim Maintenance, also known as Rule 43, is the interim relief provided to assist spouses in the interim period pending a divorce, where the homemaker has no income, or the divorce is taking a long time to finalise.
What is the rule of 42?
If the criminal contempt involves disrespect toward or criticism of a judge, that judge is disqualified from presiding at the contempt trial or hearing unless the defendant consents. Upon a finding or verdict of guilty, the court must impose the punishment.
What is a Rule 58?
Rule 58 provides that orders may be granted in matrimonial matters in respect of the following – interim maintenance; a contribution towards the costs of a pending matrimonial action; interim care of any child; or. interim contact with any child.
How long is a divorce summons valid in South Africa?
If a divorce summons is not served within 12 months of the date of its issue or, having been served, the plaintiff has not, within 12 months after the date of such service, taken further steps to proceed, the summons will lapse.
How is maintenance calculated in South Africa?
In order to claim for maintenance, you must first determine the reasonable needs of the child on a monthly basis. There is no hard and fast rule, but generally the child’s share of the common expenses in the household is determined by allocating one-part per child and two-parts per adult or older child.
What is a Rule 58 application?
A Rule 58 application in the regional courts of South Africa is the equivalent of a Rule 43 application in the High Court. The rule simply has a different number. Both of them are applications for interim maintenance while a divorce is in progress.
What is Rule #32?
Rule 32. Rule 32. Use of depositions in court proceedings. (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
What does rule 46 mean?
At any stage of the proceedings, whenever all parties file with the Clerk an agreement in writing that a case be dismissed, specifying the terms for payment of costs, and pay to the Clerk any fees then due, the Clerk, without further reference to the Court, will enter an order of dismissal.
How do I apply for Rule 43?
The Rule 43 Application Process The party seeking an interim Order, being the Applicant, will complete an affidavit which will then be lodged at Court and served on the other party. The other party, being the Respondent, will then be granted an opportunity to respond to the Applicant’s affidavit.
