Divorce law, Rule 43 application

A rule 43 application deals with maintenance, custody of and access to children as well as maintenance and contributions to legal costs on an interim basis while the parties are litigating.

A rule 43 hearing is done on papers only with no oral evidence being given by either party. It is absolutely vital to use an attorney to prepare your papers to present to the high court in a rule 43 application as the high court needs the papers to be precise, providing all the information they need to make a ruling.

The main reason for using an attorney in a rule 43 application is that there is no appeal procedure in rule 43 decisions. The decision stands until the divorce is finalised or a settlement is reached between the parties.

In the vast majority of cases rule 43 applications are brought by wives to maintain themselves and children during the litigation process and to provide a contribution towards legal expenses. Divorces often take more than a year to finalise and the rule 43 application is there to protect the wife and children against non payment.