Divorce can be a messy process regarding its legal aspects, especially if it is a contested divorce where both parties cannot find agreeable terms and end up in court. If you need legal representation to help you through such a process, Eileen Visser Attorneys is your answer to a professional family law firm in Pretoria. With a highly knowledgeable family lawyer by your side, the legalities of your divorce are in good hands.

When it comes to filing for divorce, spouses have the option to initiate a Rule-43 or Rule-58 application. Such an application can provide various solutions to the less wealthy spouse, including financial support, limited access to assets (such as vehicles), and temporary custody rulings. Today, we talk about Rule 43 and Rule 58, their purpose, and their legal applications throughout a contested divorce case.

What Should I Know About Rule 43 and Rule 58?

Their Purpose: Fundamentally, both Rule 43 and Rule 58 serve the exact same purpose. This purpose is to secure urgent interim relief during a pending contested divorce for the less wealthy spouse. These mechanisms are enforced with temporary court orders and are automatically revoked once the divorce is settled and the final decree of divorce is granted. The only difference between them, is that Rule 43 is initiated in the High Court and Rule 58 is initiated in the Regional/Magistrate’s Court.

The Interim Relief Provided by Rule 43 and Rule 58: The interim relief that can be provided covers 4 primary topics. They are:

• Interim Maintenance: This includes housing costs, medical expenses, educational costs, vehicle expenses, and relocation costs. These are extremely useful in a situation where one spouse is forced out of their marital home and has nowhere else to go. It also ensures a safety net for the children and can cover their school fees and any medical expenses while the litigation is pending.
  
• Interim Care and Contact of Minor Children: This section includes the determination of temporary custody of minor children, establishing a contact schedule for the non-residential parent, and addressing any allegations of unsafe supervision. In such a case, a third party will supervise contact between the non-residential parent and the children.
  
• Interim Contribution to Legal Costs: This ensures that the less wealthy parent can afford legal representation throughout the contested divorce litigation process.
  
• Interim Possession of Moveable Property: This section covers temporary vehicle possession and ownership of functional and necessary household items.

Eileen Visser Attorneys is your solution to a professional family lawyer firm in Pretoria. We represent people who live in Johannesburg. We operate in South Africa’s administrative capital, since Pretoria has the Gauteng Division of the High Court and the Pretoria Magistrate’s Court. Please contact us today if you require legal representation for a contested divorce.