ConCourt Rule 43 maintenance ruling: Still not appealable, but with exceptions

The Constitutional Court handed down a judgment on Thursday in a matter concerning maintenance being paid during contested divorce proceedings.

Abrahams and Gross divorce specialist Juan Smuts explains what the ruling means for people who are in the process of divorcing.

Read: Dealing with emotions vital part of divorce mediation, says attorney

The court found that although Rule 43 application is currently not appealable, the court agreed that Rule 16 (3) is not unconstitutional which means that Rule 43 is still not appealable.

Juan Smuts, Divorce specialist - Abrahams and Gross

However, there are exceptions if a court order is patently incorrect, there are remedies to a party, to a litigant, to take that section on appeal. But in general, Rule 43 is still not appealable.

Juan Smuts, Divorce specialist - Abrahams and Gross

What is Rule 43?

Smuts describes it as "a robust approach" where you can ask for spousal maintenance, child maintenance or interim care and contact in respect of a minor child.

This is the application which is launched pending the outcome of a divorce. It is available for a financially vulnerable individual or litigant, usually the wife, to assist her until the outcome of the divorce.

For more on this ruling, listen below:


This article first appeared on CapeTalk : ConCourt Rule 43 maintenance ruling: Still not appealable, but with exceptions


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