Divorce and interim maintenance

Divorce and interim maintenance

Divorce can be a lengthy process and with this in mind, the courts have made it possible for a party to claim interim maintenance while the divorce process takes place.

The Rule 43 hearing deals with all of the aspects of the divorce excluding the division of assets but does deal with access to children, financial assistance and assistance with legal costs.

The Rule 43 hearing is a hearing on paper only, there is no oral evidence and papers must be very carefully and precisely drawn to present a very clear picture for the presiding judge to make a judgement. Should your divorce proceedings become lengthy and a rule 43 application is made. It is highly recommended that you engage the services of a very skilled attorney to draw up the papers.
The reason is that if your divorce takes years to finalise, the rule 43 judgement stays in place for the entire period and has far reaching implications.

With a favourable rule 43 judgement there is no urgency for the party in whose favour the judgement is awarded to conclude the divorce and may very well delay the divorce proceedings unnecessarily in order to enjoy the benefits of the rule 43 judgement.
In the vast majority of divorces, rule 43 is applied for by the wife who still occupies the home and looks after the children. The emotional nature of the early stages of the divorce process often see men being manipulated by their spouses into agreeing to pay sums of money that they cannot necessarily afford and having to maintain this level of payment for many months or even years while the divorce drags on the courts.

Retain a good divorce lawyer, prepare your expenditure including amounts for your own living arrangements during the divorce period and lay out your income in a precise manner, leaving nothing to the imagination. The more precise your papers the better the outcome of a rule 43 hearing.