INTERIM MAINTENANCE ORDER UNTIL DATE OF DIVORCE

Rule 43 of the Uniform Rules of Court and Rule 58 of the Magistrate’s Court were created to provide interim relief in pending matrimonial matters in respect of maintenance and costs.

The Applicant can claim interim maintenance during the divorce litigation process, a contribution towards costs of the pending divorce litigation, interim care of a child and interim contact with a child.

The Applicant seeking such relief has to prove on a balance of probabilities that she or he is entitled to the relief depending on the living standards of the parties.

The Applicant must show that he or she has insufficient means and that the Respondent can afford to meet the amounts being sought by the Applicant.

The following factors are taken into account by the Court in the determination of maintenance:

  1. Existing or prospective means of each of the parties;
  2. The parties respective earning capacities;
  3. Financial needs and obligations;
  4. The age of each of the parties;
  5. The duration of the marriage;
  6. The standard of living of the parties prior to the divorce;
  7. The conduct of the parties so far as it may be relevant to the breakdown of the marriage;
  8. Any other factor which in the opinion of the court should be taken into account.

Once the Court has granted the order, it will regulate the terms between the spouses until the divorce is finalised.

 

by: Nthabiseng Sefudi

Attorney

Rosa van Niekerk Attorneys

Tel: 010 110 9500

Email: litigation2@rvnattorneys.com