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January – The Divorce Month of the year | South Africa

Legal Leaders

The holidays have ended, the bills have arrived, and everyone is settling back into their daily routines.

For most of the year, couples only live together after work hours, but they suddenly spend a lot more time with each other during the holiday season.

During the holidays, strained couples also feel the festive joy and become more motivated to make their marriage work.

The reality of the situation becomes apparent again in January.

Regardless of the cause of the separation and whether it was one or both parties’ fault, January is known as “divorce month”.

This means that the legal and personal risks associated with separation are at their peak in January.

It is often the most vulnerable who have this realization, particularly during acrimonious divorces.

These fears may keep many people from filing for divorce, resulting in them staying in unhappy or even abusive relationships.

Rule 43 Application:

A Rule 43 application can help navigate and set aside these fears.

The High Court may grant interim relief during divorce proceedings under Rule 43, provided that the interim relief sought by the applicant falls into one of the categories listed below:

Maintenance for a spouse and/or minor child pending the outcome of the divorce proceedings;

A contribution towards the legal fees of the divorce;

Interim residency and care of any minor child; and

Interim contact with any minor child.

An application for a Rule 43 divorce can be filed at any time, subject to a divorce summons having already been served. Rule 43 applications are open to either spouse and are non-gender specific.

Rules 43 applications have evolved positively in recent years, and now require the filing of a Financial Disclosure Form (FDF). This form compels applicants and respondents to disclose all their assets, liabilities, monthly incomes, and expenses.

“Divorce isn’t such a tragedy. A tragedy is staying in an unhappy marriage, teaching your children the wrong things about love. Nobody ever died of divorce.” – Jennifer Weiner

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