RULE 43 MAINTENANCE
The Court understands that spouses and children cannot wait until date of divorce to have their maintenance needs met. We have the expertise and the experience to assist you to apply for a Rule 43 maintenance order, until the divorce is finalised. In terms of the Rule 43 maintenance order the Court can make an order as to where the children must live, the other parties contact and what the other party’s maintenance contribution must be in respect of maintenance for the spouse and children. These maintenance orders often cover costs relating to education, extra murals, special needs, medical, medical costs and a cash contribution towards the children and spouse’s living expenses. We also normally ask for a contribution towards your legal costs.
If the parties are unable to agree as to how the assets and liabilities must be dealt with then we will be guided by your marital regime which will be one of the following;
(a) In community of property (one simply adds up the value of the parties combined assets, deduct the value of their combined liabilities and the balance, whether a positive or negative value is divided equally between the parties,
(b) Out of community of property excluding accrual (simply means that what is yours is yours and what is mine is mine),
(c) Out of community of property subject to accrual can become very complicated and expert advice from our firm is required. Our firm has the experience and knowledge to analyse and interpret the various clauses of your antenuptial agreement, and how it affects the financial calculation. We have to consider commencement values and assets, inflation, and each parties financial growth or decline, and how it affects the financial calculation.