Divorce

The law provides that you have to support your children according to their needs and your means.

By means refers to your income and assets and by needs refers to the reasonable expenses of the child. What is reasonable for one child, may not be for another, and it is obviously dependent on the background of the parents and the upbringing of the child.

Rule 43 is a High Court rule that provides for interim relief in divorce matters, with regard to custody and access of children, for interim maintenance and contributions to legal costs. This is particularly useful in cases where one party would otherwise struggle financially during the litigation process.
Rule 43 applications are heard every day by the courts and as a result, one’s papers must be precise, concise and still provide the court with sufficient information on which to make a decision. The process is quick and can often affect the course of litigation. This is not a process for the man in the street to try and embark upon by him or herself. Attorneys are regularly approached for people who want a second opinion on what they consider a disastrous rule 43 result. Unfortunately, with no appeal, it is too late to approach an attorney after you have made a disastrous hash of your own papers while trying to avoid legal costs.