CREDITS
Vermaak & Siecker Attorneys Inc.
By Ockert Vermaak
In South Africa, a Rule 43 application in the High Court pertains to an application for interim relief in matrimonial matters. A Rule 58 application applies to a similar cases in the Regional Court a division in the Magistrate Court.
This rule allows a party to apply for temporary orders relating to maintenance, primary care and contact, or any other matter while the divorce or separation proceedings are ongoing.
The above application can be used can be used for the following:
• Interim care or contact with the child;
• Interim maintenance for the applicant, usually the wife
• Interim maintenance for the minor children involved
• Enforcing payments, such as the bond on the matrimonial home, vehicles, school fees or medical aid.
• Contribution towards the costs of the divorce and legal fees
A Rule 43/58 application is typically made by a spouse seeking urgent relief before the finalization of the divorce or separation. The application is supported by an affidavit setting out the relevant facts and the relief sought.
The court will then consider the application and may grant interim orders that address the immediate needs of the parties and any children involved.
These orders are temporary and intended to provide provisional relief until the finalization of the divorce or separation proceedings.
It’s important to note that the specific procedures and requirements for such an application may vary depending on the circumstances and the court in which the case is being heard.
We will advise you to consult an Attorney in the event that you wish to proceed with this application.
Should you have any questions regarding a Rule 43 or Rule 58 application, please do not hesitate to contact our offices and schedule an appointment.