Interim Relief in Matrimonial Matters

What Relief May There Be?

In terms of the Uniform Rules of Court and the Magistrates Court Rules, spouses may seek relief from the court regarding one or more of the below matters in terms of Rule 43 in the High Court or Rule 58 in the Magistrate court. These matters are strictly matrimonial and the rule applies strictly to spouses.

1. Maintenance pendente lite

Maintenance pendente lite, translated would be “maintenance during litigation.” This form of maintenance is claimed most frequently during divorce proceedings as a means to be able to support one’s self during the divorce process. Maintenance can be claimed on these grounds if the claimant in question requires maintenance and the spouse it is being claimed from can afford such maintenance.

2. Contribution towards the costs of a pending matrimonial action

What this so-called “contribution toward costs” would be, is for the claimant to claim such a financial contribution from their spouse in an attempt to supplement or receive a contribution to the costs of litigation in a pending matrimonial action such as a divorce. The purpose of this is to place the parties on equal footing to be able to litigate equally.

3. Interim custody of any child

The purpose of this is to obtain interim custody of a child during any matrimonial matter should a spouse feel it necessary to apply to court to get assistance with such interim custody usually pending divorce proceedings.

4. Interim access to any child

The application for interim access in terms of this court rule applies in the same regard as the application for interim custody as mentioned above.

Conclusion

A spouse during divorce proceedings may frequently find themselves in the situation wherein the other spouse refuses access to joint bank accounts or access to the children born from the marriage. A spouse may then find themselves financially stranded or alienated from their children. In these circumstances, the above Court Rules apply to provide interim relief until the point that the divorce may be finalised and such issues properly ironed out.

If you believe the above relief may be in you interest, feel free to contact our offices to discuss your situation and we will endeavour to advise and assist you with your matter.