A divorce may be a long and grueling process. Especially when you were financially dependent on your spouse during the subsistence of the marriage. The bills do not get less and living expenses do not reduce. So, what do you stand to do if your estranged spouse does not pay maintenance and the divorce just won’t finalise?
The answer is simple: apply for a Rule 43 order in the High Court for interim maintenance until the divorce is granted.
A Rule 43 order is usually granted on an urgent basis, considering that the dependent spouse is completely financially reliant on the other. Such an application may provide for maintenance for minor children, together with maintenance for the spouse bringing the Application. Furthermore, the order may compel the breadwinner spouse to contribute towards the Applicant’s legal costs.
The claim for interim maintenance may include the cost of housing, medical aid, car payments, car insurance, school fees and other essential expenditures. It is important to note that a Rule 43 order only makes provision for essential expenses - no more and no less.
The Rule 43 Application sets out the financial positions of both spouses and provides a detailed explanation in justification of the amount claimed. The High Court will consider all information placed before it before making an award which it deems to be just and equitable in the particular circumstances.
Once the Court has granted the order, the breadwinning spouse is legally compelled to make the financial contributions to the Applicant, as required by the Rule 43 court order, and may be face criminal charges for contempt of court if they fail to do so.
Contact VST Attorneys today for a free 15 minute telephonic consultation and let us help you.