What Is Rule 43?
Rule 43 is a High Court rule that basically provides for interim relief in divorce matters – with regard to custody and access of children and also for interim maintenance (and contributions to legal costs).
Many people don’t know that the rules of the High Court provide for interim maintenance, and this is particularly useful in cases where one party would otherwise struggle financially during the litigation process. Rule 43 applications, as they are known, are heard every day by the courts and as a result, one’s papers must be precise, concise and still provide the court with sufficient information on which to make a decision — given that no oral evidence is actually lead. The process is quick, the relief is speedy and can often affect the course of litigation. This is not a process for the man in the street to try and embark upon by him or herself – and in fact, attorneys are regularly approached for people who want a second opinion on what they consider a disastrous rule 43 result. Unfortunately, with no appeal, it is too late to approach an attorney after you have made a disastrous hash of your own papers while trying to avoid legal costs.