Maintenance claims pending divorce
An extremely bitter divorce can take ages to finalise and spouses need to be safeguarded during the process. When this is the case or for example when one of the spouses is a homemaker with no income, the law provides a mechanism that can be used to help spouses during a divorce to provide for the interim period until the divorce is finalised.
Rule 43 of the High Court and rule 58 of the magistrate’s court provide an interim measure to help an applicant immediately, this is called interim relief. The rules can be used for the following:
- interim care or contact with the child;
- maintenance for the wife and/or children;
- enforcing certain payments, such as for the bond on the matrimonial home, vehicles, school fees, medical aid premiums and even deposits on new accommodation and relocation costs;
- interim contribution towards the costs of the divorce and legal fees; and/or
- an order for delivery of a car, furniture, etc.
Rule 43/58 deals with many of the issues that will ultimately be dealt with in the final divorce action, but is an interim solution.
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