Interim relief during divorce proceedings
Any divorce is a nasty business, especially if you and your spouse can’t seem to agree any on the major issues on how to finalize the divorce. If you find yourself in this situation and you are facing issues relating to financial problems or issues relating to custody or access to your minor children, you may be able to claim for interim relief during contested divorce proceedings. Such interim relief is usually urgent application in nature which is commonly known as a Rule 58 application in the Magistrates’ Court or a Rule 43 application in the High Court.
The purpose of an application for interim relief is to address the immediate needs of a specific party which is involved in contested divorce proceedings while the divorce is still pending, to seek a contribution towards legal costs, interim custody of a minor child and interim access to a minor child.
The purpose for an application for interim relief is to assist with regulating certain issues and terms and conditions between the parties until the divorce proceedings has been finalized and an order is granted by the court.
The process involved with an application for interim relief is that the party seeking interim relief, should serve and file an application in terms of Rule 58 or 43 accompanied by an affidavit stating all of the relevant facts and the reasons for seeking interim relief from the other spouse. The other spouse, who is known as the respondent requires an opportunity to respond to the averments made in the affidavit. The court will consider the arguments respectively raised by the parties. After the court has considered all of the relevant facts of the matter, the court will make a ruling on the application to either grant an order for the relief sought or dismiss the application for interim relief.
It is important to note that an application for interim relief is designed to be short and swift process for interim relief but it can be very complex depending on the facts of each matter which will have a direct correlation to the legal costs involved. If you require interim relief during contested divorce proceedings, it will be best to consult with a qualified Legal Practitioner that is familiar with the process, procedures and intricacies of interim relief applications.
Author: C. Smith (LLB)
Raymond Sutton Incorporated
Disclaimer:
This article and the information contained herein does not create an attorney-client relationship and it does not constitute legal advice of any sort. This article is purely intended as a general informative guideline only. It is important to consult with your attorney as soon as possible to follow his or her instructions.