Facilegis – Legal Forms and Templates

Interim relief in matrimonial matters – High Court – Uniform Rule of Court 43

Interim relief in matrimonial matters – High Court – Uniform Rule of Court 43

This rule applies whenever a spouse seeks relief from the court in respect of one or more of the following matters:
(a) Maintenance pendente lite;
(b) A contribution towards the costs of a matrimonial action, pending or about to be instituted;
(c) Interim care of any child;
(d) Interim contact with any child.

The applicant applying delivers a sworn statement in the nature of a declaration, setting out the relief claimed and the grounds therefor, together with a notice to the respondent corresponding with Form 17 of the First Schedule.

The respondent then delivers a sworn reply in the nature of a plea.

The court may hear such evidence as it considers necessary and may dismiss the application or make such order as it deems fit to ensure a just and expeditious decision.

Interim relief in matrimonial matters – High Court – Uniform Rule of Court 43

To view the rule go to Department of Justice – Uniform Rules of Court

For more go to the South African Legal Information Institute (SAFLII)