Navigating Divorce in South Africa (Pt 3) Interim Divorce Relief in SA: What Rule 43 and Rule 58 Can Do For You

What Is Rule 43/58?

Rule 43 (High Court) and Rule 58 (Magistrate’s Court) allow a spouse to apply for interim relief before the divorce is finalised. These cover:

• Maintenance (spousal and child)

• Interim care or contact with children

• Contributions to legal costs

• Bond, school, medical, and relocation expenses

• Return of vehicles or furniture

Who Can Apply?

Any spouse who:

• Lacks sufficient means, and

• Can show the respondent has the financial capacity

A Rule 43/58 application can be made:

• Before summons is issued

• Together with summons

• After notice of intention to defend is filed

What’s Required? To apply, you’ll need:

• A founding affidavit (summarised, not voluminous)

• A notice to the other party

• Financial documentation (proof of income, expenses, assets)

No oral evidence is required—judgment is based on papers only.

If unopposed within 10 days, the matter proceeds on an uncontested basis. The court's decision is enforceable until final divorce.

Need help with Rule 43/58 or urgent interim relief?

Get in touch at info@kernattorneys.co.za or call us on 010 109 1055.