Rule 43 and Rule 58: preparing for interim relief
- Spence Learning
- 1 hour ago
- 2 min read
A divorce may take time while the household still needs workable arrangements. Rule 43 in the High Court and Rule 58 in the relevant magistrates' court procedure concern interim relief in matrimonial proceedings. The correct route and available relief depend on the case and the applicable rules.
Identify the temporary relief needed
Discuss whether temporary maintenance, a contribution to legal costs or interim arrangements concerning children require an application. Temporary relief does not settle every issue in the divorce. Existing orders, related proceedings and the factual basis for the request need to be considered together.
Support the financial picture
Prepare an accurate income-and-expenditure schedule with supporting records. Identify expenses you pay yourself, expenses paid directly by the other party and costs still unpaid. Explain annual or termly costs rather than placing them in a monthly budget without conversion. Avoid counting the same school or medical expense twice.
Disclose material income sources, available resources, debts and dependants honestly. If your income fluctuates, provide a representative record and explain the variation. A single unusually good or bad month can give a misleading picture.
Check procedure and existing orders
The papers, disclosure requirements, deadlines and local practice must be checked for the court concerned. Advice about changing, challenging or enforcing an interim order requires attention to the actual order and current law.
If circumstances have changed, keep evidence of what changed, when it changed and its financial or parenting effect. Obtain advice before assuming that the existing order has stopped applying. A request for help through this website does not change an order or protect a filing deadline.
Prepare a monthly schedule that can be checked
If school fees are R36 000 a year, their monthly equivalent is R3 000. If the other spouse already pays those fees directly, show both the cost and the direct payment clearly. Do not describe the same R3 000 as unpaid cash expenditure as well. Preserve the invoice and proof of payment, and identify any dispute about who must pay the next instalment.
For a change in circumstances, compare the earlier position with the current position using dates and evidence. A reduction in income should be explained with the relevant employment or business records. An increased child expense should be supported by the actual need and cost. Your adviser can then assess the appropriate application and the effect of the existing order.
Questions to take to a consultation
1. Which interim procedure is appropriate in this court and matter?
2. What precise relief is being requested, and why?
3. What financial disclosure and supporting records are required?
4. Which filing, service and hearing arrangements apply?
5. What options exist if an order is not followed or circumstances change?
Sources and related reading
The button opens an email to natalie@spencelaw.co.za. It does not send automatically. Do not attach identity documents, children’s full details or financial records before conflict screening and an agreed private transfer arrangement.
General information, not advice on an individual matter. An enquiry is not an accepted instruction or confirmed appointment and does not protect a court deadline. This is not an emergency service.
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