Interim Relief
The SplittingUp team provides access to customised legal advice on a wide variety of family law services.
Interim Relief
Should you require assistance while the divorce proceedings are pending or about to be instituted, the court rules provide a mechanism to assist you in the interim until the divorce has been finalised.
Rule 43 (High Court) and Rule 58 (Magistrates’ Court) provides for the following interim relief:
(a) Maintenance pendente lite where you could ask for maintenance pending divorce
(b) A contribution towards the costs of a pending matrimonial action;
(c) Interim custody of any child;
(d) Interim access to any child.
The merits of the application will depend on the living standards of the parties. The person claiming interim relief must show that they have insufficient means and that the other party can afford to meet the amounts being sought.
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