Maintenance while the divorce is still running

How Rule 43 works

1. You make a sworn statement setting out the facts and what you need, with a notice. The sheriff serves it on your spouse.
2. Your spouse has 10 court days to reply with a sworn statement. If they don’t, they are automatically barred.
3. The court hears it quickly, on the papers and any evidence it needs, and makes an order.

In practice Rule 43 is usually done through an attorney, especially in the High Court.

The financial disclosure form

In the Gauteng High Court, a sworn financial disclosure form is required in every opposed Rule 43 application where maintenance is in dispute. This comes from a 2020 practice directive, not from the rule itself. Other courts may have their own requirements, so check with the court you are using.

Using the maintenance court instead

You can apply at the maintenance court on Form A (J101) while the divorce runs, for the children and for yourself. If the enquiry is postponed and waiting causes undue hardship, the court can make an interim order. See how to claim child maintenance.

Try not to have two orders for the same child running at once. Tell the maintenance officer about the divorce, and tell your attorney about any maintenance order.

What it can cover

• The children’s day-to-day needs, school fees and medical costs.
• Maintenance for you, if you need it.
• A contribution towards your legal costs (Rule 43 or Rule 58 only).
• Interim care of and contact with the children (Rule 43 or Rule 58 only).

Changing it, and when it ends

• A Rule 43 order can’t be appealed. The Constitutional Court confirmed this in 2019, and said the variation route should be read generously. If circumstances change materially, you can apply to vary it.
• An interim order lasts until the divorce is finalised. The divorce order then sets maintenance going forward.

Questions parents ask

Do I have to wait for the divorce to get maintenance?

No. You can apply for an interim order under Rule 43 or Rule 58, or claim child maintenance at the maintenance court.

Do I need an attorney for Rule 43?

It isn’t required by law, but in practice it is usually done through an attorney. The maintenance court is free and needs none.

Can I go to the maintenance court while the divorce is running?

Yes, for the children and for yourself. Avoid having two orders for the same person at once.

Can a Rule 43 order be appealed?

No. If circumstances change materially, you can apply to vary it.

When does an interim order end?

When the divorce is finalised. The divorce order then takes over.

Must I fill in a financial disclosure form?

In the Gauteng High Court, yes, if the application is opposed and maintenance is in dispute. Check the rules of your court.