Due to the fact that contested divorces can take years to be finalised, the need arises for spouses to approach the court for interim relief pending the finalisation of the divorce litigation.

 

Rule 43 of the Uniform Rules of Court and Rule 58 of the Magistrates Court Rules makes provision for a spouse to launch an interim application for the following relief:

 

• Maintenance pendente lite - Interim maintenance for the spouse and/or minor children until the divorce is finalised;

• A contribution towards the costs of the matrimonial action, pending or about to be instituted;

• Interim care of any child;

• Interim contact with any child.

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The court will consider the financial circumstances of both parties before making an order. The court may, on the same procedure, amend/vary its order in the event of a material change occurring in the circumstances of either party, child, or the contribution to costs proving inadequate.