In South Africa, we have a law called “Rule 43”. This law allows a husband or a wife to make an “urgent” application to Court to either get maintenance or custody of their child.
What makes this law different is that this Rule 43 application can be made even though the divorce case is not finalized yet.
In other words – a person does not need to wait for their divorce to be finalized before they can claim maintenance or get access to their minor child. This Rule 43 Application allows you to some sort of immediate relief.
This Rule 43 Application is also very useful to spouses who are in need of financial support pending the outcome of their divorce case.
How do you bring a Rule 43 Application case?
While there are some forms that you can fill in yourself, this Rule 43 application actually requires the services of a Lawyer to help you set out your case in detail. You can do it yourself – but its better to do it with a qualified Lawyer.
So the best would be to approach your nearest Attorney (or if you cannot afford one) then your nearest Legal Aid Office for help.
The law is there, you just need to take some steps to have your rights respected.
